23-420. Hearing rights and procedures
A. Subject to section 23-417, an interested party may request a hearing.
B. A request for hearing shall be made in writing, signed by or on behalf of the interested party and including the requesting party's address and e-mail address, stating that a hearing is desired, and mailed or e-mailed to the commission. The request shall also state with particularity the violation, abatement period or penalty that is being protested. Any violation, abatement period or penalty not protested within the time limit specified on the citation or penalty notice will be deemed admitted.
C. The commission shall refer the request for hearing to the office of administrative hearings for determination as expeditiously as possible. The administrative law judge assigned to hear a case arising out of this article shall either be employed or contracted by the office of administrative hearings.
D. At least five days before any hearing, notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. The hearing shall be held in the county where the violation has occurred or such other place as selected by the administrative law judge.
E. A record of all proceedings at the hearing shall be kept but need not be transcribed unless a party requests a review of the decision of the administrative law judge.
F. Except as otherwise provided in this section and by rules of procedure promulgated by the commission pursuant to section 23-405, paragraph 4, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and shall conduct the hearing in any manner that will achieve substantial justice.
G. An interested party is entitled to the issuance of subpoenas for the attendance of witnesses, parties and the production of reports, papers, contracts, books, accounts, documents and testimony that are relevant and material to the issue. The commission or the administrative law judge shall issue such subpoenas. The commission may initiate contempt proceedings against any person who refuses to comply with a duly issued subpoena, on application to the superior court. Any person held in contempt may be punished by a fine of not more than one thousand dollars.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.