Section 150.70 Commencement of Action; Notice of Hearing

Section 150

Section 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.