Section 383.115 Who May Request an Administrative Hearing

Section 383.115  Who May Request an Administrative

Hearing

a)         A

licensee or permit holder has the right to request an administrative hearing to

review an enforcement action listed in Section 383.120 of this Part, personally

or by:

1)         an authorized

representative, including an attorney, authorized in writing by a party to

assist in the administrative hearing process; or

2)         an

individual legally authorized to act on behalf of the licensee or permit holder

when the licensee or permit holder is incompetent, incapacitated, or otherwise

unable to speak for him/herself.  A certified copy of the court order

authorizing the individual to act on behalf of the licensee or permit holder

must be provided.

b)         If a

licensee or permit holder has an authorized representative or an individual

legally acting on his or her behalf, that representative or individual may

exercise the rights of the licensee or permit holder in the administrative

hearing process.  These rights include the right to:

1)         review

and copy record material;

2)         receive

Department notices;

3)         speak

in the administrative hearing process; and

4)         take

any other actions permitted an appellant during the administrative hearing

process.