Section 176.1040 Commencement of Actions - Notice of Hearing

Section 176.1040  Commencement of Actions − Notice

of Hearing

a)         Notice

of Hearing.  A contested case is begun when the Office of the Secretary, upon

either the written request of the petitioner or its own initiative, serves a

Notice of Hearing upon the respondent.  "Written request" means a

petition via facsimile, electronic transmission, or regular mail.  The Notice

of Hearing must be sent by electronic transmission if the petitioner agrees to

receive the Notice of Hearing and Decision or Order via electronic

transmission.

b)         The Notice of Hearing

shall include:

1)         The

names and addresses of all known parties, including the department initiating

the hearing;

2)         Whether

the hearing is at the request of the petitioner or a department;

3)         The

time, date, and place of the hearing.  The Department of Administrative

Hearings will try to accommodate a party's request regarding the location of a

hearing, but reserves the discretion to schedule a hearing at a site that is

mutually convenient for all parties involved, including witnesses, and subject

to the constraints imposed by budgetary and personnel considerations;

4)         A

concise statement of facts (as distinguished from conclusions of law or a mere

recitation in the words of the statute):

A)        the

alleged act or acts done by each petitioner or, when appropriate, the respondent;

B)        either

the time, date, and place each such act was done or a concise statement of the

matters asserted;

C)        the

rule, statute, or constitutional provision, if any, alleged to have been

violated or otherwise involved in the proceeding; and

D)        the

relief sought by the petitioning party; and

5)         A

statement to each party that:

A)        each

party may be represented by legal counsel and may present evidence,

cross-examine witnesses, and otherwise participate in the hearing;

B)        failure

to appear shall constitute a default, unless a party has, upon due notice to

other parties, move

olved in the proceeding; and

D)        the

relief sought by the petitioning party; and

5)         A

statement to each party that:

A)        each

party may be represented by legal counsel and may present evidence,

cross-examine witnesses, and otherwise participate in the hearing;

B)        failure

to appear shall constitute a default, unless a party has, upon due notice to

other parties, moved for and obtained a continuance from the hearing officer;

and

C)        delivery

of notice to the designated representative of a party constitutes service upon that

party.

c)         Filing Fee

1)         A

petition for a hearing will not be accepted for filing unless it is accompanied

by a filing fee of $50.  This filing fee must be submitted in the form of a

money order or check made payable to the Secretary of State, or credit charge

(with a preapproved card).

2)         This

filing fee will not be refunded to the party requesting a hearing if the

hearing proceeds, the party submits multiple petitions for a hearing to

different hearing locations simultaneously, the party withdraws from the

hearing or an order of default is entered.  The party will be required to

submit another filing fee before another hearing will be scheduled.

3)         When

a hearing is continued, the party requesting the hearing will not be required

to submit another filing fee.

4)         When

the party requesting a hearing withdraws or defaults, the party will be

required to submit another filing fee before another hearing will be scheduled.