Section 4-8 - Notice of Hearing (a) In any contested case, the Director shall afford reasonable notice of the hearing to all parties. - (i) Reasonable notice, as used in this section, shall be not less than 20 days prior to the hearing date. The time period specified herein may be waived by the contestant upon written or oral notification to the Department. Where notification of waiver is made orally it shall be reduced to writing by the Department and entered in the contestants record.
- (ii) Notice shall be served personally or by certified mail to the last known address of the party.
(b) A notice of hearing shall contain, at least, the time, place, and nature of the hearing; the legal authority and jurisdiction under which the hearing is being held; the particular sections of the statutes or rules involved; a short and plain statement of the matters asserted; the docket number assigned to the case; the right to be represented by an attorney; availability of legal aid; and the right to a hearing. - (i) If the Respondent is unable to state the matters in detail at the time notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter, upon request of any party, a more definite and detailed statement shall be furnished within ten (10) days of receipt of that request by the party.
- (ii) Upon request by the party served, the hearing officer shall, upon a showing of good cause, allow the party an alternative time and place for the hearing, provided such request is made within ten (10) days of receipt of the notice of hearing. When such a request is granted, the Director or his designee shall reissue the notice in accordance with these rules except that reasonable notice as used in this subsection shall be five (5) days prior to the hearing date.
- (A) Only one (1) request for rescheduling of a hearing shall be honored unless, in the hearing officer's judgment, additional changes must be allowed to avoid manifest injustice. Notice shall be issued as provided by Section 8(a)(ii) above.
- (B) A hearing shall be held within 90 days of the Division action which gives rise to the complaint, unless otherwise provided by law.