(1) Within a reasonable time after the accused’s request for a hearing, the hearing committee shall conduct an evidentiary hearing. For good cause shown, the hearing committee may grant a continuance of the hearing. Written notice of the date, time and place of such hearing shall be delivered to the accused not less than fifteen (15) days prior to the hearing.
(2) A court reporter shall be in attendance and shall record the proceedings. The hearing committee shall have the right and duty to impose reasonable restrictions as it may deem necessary or appropriate to insure an orderly, expeditious and impartial proceeding. The parties may offer oral testimony through witnesses and shall have the right of cross-examination. The rules of evidence shall be relaxed.
(3) At the hearing, the hearing committee may administer oaths and receive evidence, either oral or documentary. Upon the request of either party, the Department of Agriculture and Commerce may issue subpoenas to compel the attendance of witnesses or the production of books, papers, records or other documentary evidence. If a person fails to comply with a subpoena issued by the department, either party may invoke the aid of any court of general jurisdiction of this state. The court may order such person to comply with the requirements of the subpoena. Failure to comply with the order of the court may be treated as contempt.
(4) At the conclusion of the hearing, the hearing committee shall render a written decision incorporating the findings of facts, conclusions of law and penalty, if any. The hearing committee may impose any penalty authorized under Section 69-25-51. A copy of the decision of the hearing committee shall be delivered to the accused by certified mail.
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