Section 2605.140  Failure to Properly Initiate an Administrative Hearing

The Department may reject any Petition for Hearing that does not comply with this Part. The Department shall state the basis upon which any Petition for Hearing is rejected and shall grant the party 28 days to amend the Petition.  Upon the second failure to properly initiate an Administrative Hearing and where a Petition contains superficial, procedural or technical defects, the Department shall state the basis upon which the Petition for Hearing is rejected and the Petition shall be dismissed without prejudice. Thereafter, the Complainant may refile within the remaining statute of limitations.  Such dismissal by the Department shall be treated as a Final Decision pursuant to Section 2605.410 for purposes of appeal.