§150.70. Commencement of Action; Notice of Hearing

a)         A contested case is commenced by the Office, either at the request of the applicant or on the Office's initiative, by service of a Notice of Hearing upon the respondent at the last known address of the respondent on the records of the Department.

 

b)         The Notice of Hearing shall include:

 

1)         The names and addresses of all known parties and respondent, or the Department initiating said hearing, or the fact that the hearing is at the request of the Petitioner or applicant.

 

2)         The time, date, and place of hearing;

 

3)         The name of the Hearing Officer;

 

4)         A short and concise statement of facts, (as distinguished from conclusions of law or a mere recitation in the words of the statute) alleging the act or acts done by each Petitioner or, where appropriate, Respondent; the time, date, and place each such act was done; and the rule, statute, or constitutional provision, if any, alleged to have been violated, or otherwise involved in the proceeding; and the relief sought by the petitioning party;

 

5)         A concise statement to each party that:

 

A)        Such party may be represented by legal counsel; may present evidence; may cross-examine witnesses and otherwise participate in the hearing.

 

B)        Failure to so appear shall constitute a default, unless such party has, upon due notice to other parties moved for and obtained a continuance from the Hearing Officer.

 

C)        Delivery of notice to the designated representative of a party constitutes service upon said party.

 

D)        Upon delivery of notice in a multi-party contested case, the Department shall not participate in any ex-parte consultation leading to disposition of the case with any one party without giving prior notice of any opportunity to participate in such consultation to all other parties.