Section 8100.2104  Notice of Hearing

a)         Unless otherwise required, each respondent shall be given a Notice of Hearing at least forty-five (45) days prior to the first date set for any hearing hereunder.  Once such notice is given it will thereafter be the responsibility of the respondent to become acquainted with subsequent hearing dates.

b)         The Notice of Hearing shall include:

1)         a statement of the time, place and nature of the hearing;

2)         a statement of the legal authority, and jurisdiction under which the hearing is held;

3)         a short and plain statement of the matters alleged;

4)         a statement of financial sanction or relief sought; and

5)         a concise statement to each respondent that:

A)        the respondent may be represented by legal counsel, may present evidence, may cross-examine witnesses and otherwise participate;

B)        failure by any respondent to appear shall constitute default by such respondent unless such respondent has filed an answer or, upon due notice, moved for and obtained a continuance; and

C)        delivery of notice to the designated representative of any respondent constitutes service upon such respondent.

c)         Nothing in this Part shall prevent the Department from scheduling a hearing within ten (10) days of the date on which the Director temporarily suspends any registration or license under the Act or issues a temporary order.

d)         When a respondent timely requests a hearing on an Order under Section 21 of the Act issued by the Director, the Department shall issue a Notice of Hearing in the form prescribed herein.

e)         Any contention that improper notice was given shall be deemed waived unless it is raised by the respondent prior to argument on any other motion, or commencement of opening statements at the hearing.

f)          Proper notice is given by depositing a Notice of Hearing with the United States Postal Service, either by certified or registered mail, return receipt requested, to the last known address of the respondent, or by personal service upon the respondent.