Section 200.404  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 and the official file or other reference number;

4)         a statement of financial sanction or relief sought and the names and mailing addresses of the Administrative Law Judge, all parties, and all other persons to whom the Department has given notice of the hearing unless otherwise confidential by law;

5)         a reference to the particular Sections of the substantive and procedural statutes and rules involved; and

6)         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 or revokes any license under the Act or issues a temporary order.

d)         When a respondent timely requests a hearing on an Order issued by the Director under the Act, 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)          Unless otherwise provided, 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.