- (a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
(b) The notice in a contested case 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 to be held;
- (3) a reference to the particular sections of the statutes and/or regulations involved;
- (4) a short and plain statement of the matters asserted;
- (5) a statement that each respondent may, if he desires, be represented by an attorney.
- (c) If a respondent can reasonably show a need for additional time to prepare a defense to the alleged violations of law, an extension of time may be granted by moving the scheduled hearing to a later date. The granting of such a request is within the complete discretion of the Secretary of the State or such presiding officer as has been designated by the Secretary of the State.
- (d) If a respondent can reasonably show that the complaint is unclear or ambiguous as to the nature of the acts in violation of the law, he may file with the agency a written motion for a more detailed statement of the nature of the charges against him. The granting or denial of such a motion is within the complete discretion of the Secretary of the State or such presiding officer as has been designated by the Secretary of the State.
- (e) Appearances, Admissions and Denials, Answers, Motions and any other pleading which a Respondent wishes considered by the Secretary of the State prior to the convening of a contested case proceeding may be filed up to seven days prior to the hearing date. Failure to file any pleadings may allow the matter to proceed. However, if a Respondent can reasonably show a need for additional time to submit pleadings, an extension of time may be granted. The granting of such a request is within the complete discretion of the Secretary of the State or such presiding officer as has been designated by the Secretary of the State.
(Effective September 26, 1988)