Section 905IAC1-37-7. Time and place of violation hearings  


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  •    (a) The hearing judge shall set the time and place of the violation hearing and give reasonable written notice to all parties. The hearing judge shall give at least five (5) days notice of the hearing.

      (b) To the extent not included in a prior notice, the notice of the hearing must include the following:

    (1) The names and mailing addresses of all parties.

    (2) The name, official title, and mailing address of the commission's prosecutor and a telephone number through which the commission's prosecutor can be reached.

    (3) The official file or other reference number, the name of the proceeding, and a general description of the subject matter.

    (4) A statement of the time, place, and nature of the hearing.

    (5) A statement of the legal authority and jurisdiction under which the hearing is to be held.

    (6) The name, official title, and mailing address of the hearing judge and a telephone number through which information concerning hearing schedules and procedures may be obtained.

    (7) A statement of the issues involved and, to the extent known to the hearing judge, of the matters asserted by the parties.

    (8) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other later stage of the proceeding may be defaulted.

      (c) The notice may include any other matters the hearing judge considers desirable to expedite the proceedings.

      (d) The hearing judge may grant a continuance of the hearing upon a written motion showing good cause for a continuance. (Alcohol and Tobacco Commission; 905 IAC 1-37-7; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1451; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFA)