Current through Register Vol. 47, No. 6, September 18, 2024
An applicant or licensee may contest the denial, suspension or
revocation of a license by requesting a hearing before an administrative law
judge from the department of inspections and appeals. The applicant or licensee
will be notified by certified mail, return receipt requested, of the date of
the hearing, no less than 30 days before the hearing.
(1)Failure to appear. If a
party fails to appear in a contested case hearing proceeding after proper
service of notice, the administrative law judge shall, in such a case, enter a
default judgment against the party failing to appear.
(2)Conduct of hearing.
Opportunity shall be afforded all parties to respond and present evidence and
argument on all issues involved and to be represented by counsel at their own
expense.
a. The hearing shall be informal, and
all relevant evidence shall be admissible. Effect will be given to the rules of
privilege recognized by law. Objections to evidentiary offers may be made and
shall be noted in the record. When the hearing will be expedited and the
interests of the parties will not be prejudiced substantially, any part of the
evidence may be required to be submitted in verified written form.
b. Documentary evidence may be received in
the form of copies or excerpts if the original is not readily available. Upon
request, parties shall be given an opportunity to compare the copy with the
original, if available.
c.
Witnesses present at the hearing shall be subject to cross-examination by any
party as necessary for a full and true disclosure of the facts.
d. The record in a contested case shall
include:
(1) All pleadings, motions and
intermediate rulings.
(2) All
evidence received or considered and all other submissions.
(3) A statement of all matters officially
noticed.
(4) All questions and
offers of proof, objections and rulings therein.
(5) All proposed findings and
exceptions.
(6) Any decision,
opinion or report by the administrative law judge presiding at the
hearing.
e. Oral
proceedings shall be open to the public and shall be recorded either by
mechanized means or by certified shorthand reporters. Oral proceedings or any
part thereof shall be transcribed at the request of any party with the expense
of the transcription charged to the requesting party. The recording or
stenographic notes of oral proceedings or the transcription thereof shall be
filed with and maintained by the agency for at least five years from the date
of decision.
f. Findings of fact
shall be based solely on the evidence in the record and on matters officially
noticed in the record.
(3)Continuance. For good
cause, the administrative law judge may continue hearings beyond the time
originally scheduled or recessed. Requests for continuance shall be made to the
administrative law judge in writing at least three days prior to the scheduled
hearing date. Continuances will not be granted less than three days before the
hearing except in exigent circumstances.
(4)Decision. Findings of
fact shall be based solely on the evidence in the record and upon matters
officially noticed in the record.
a. The
decision of the administrative law judge shall be the final decision unless
there is an appeal to the board within 20 days of the receipt of the
decision.
b. A proposed or final
decision or order in a contested case hearing shall be in writing. A proposed
or final decision shall include findings of fact and conclusions of law,
separately stated. Parties will be promptly notified of each proposed or final
decision or order by the delivery to them of a copy of such decision or order
by certified mail, return receipt requested. In the case of a proposed
decision, parties shall be notified of the right to appeal the decision to the
board.
(5)Appeal
to the board.
a. Either party may
request that the board review the proposed decision. The request shall be in
writing and mailed within 20 days of receipt of the proposed
decision.
b. The parties shall have
an opportunity to submit briefs to the board. The board will review the record
and any briefs. No new evidence shall be admitted unless requested and allowed
by the board.
c. Oral presentation
will be made to the board at a time set by the board.
d. The board shall issue its decision in
writing within 30 days after conclusion of the hearing.
