1. (a) If the Commissioner determines that the employer has stated adequate facts or legal grounds to warrant a hearing, the Commissioner shall provide written notice of the hearing to show cause why a civil penalty should not be assessed and shall mail written notice to the employer of the date, time and place of the hearing. Such determination shall be within the sole discretion of the Commissioner. The notice shall inform the employer of its rights in the show cause hearing including:

   1. (1) the right to be represented by any person, including an attorney; and(2) the right to present documentary evidence and written and/or oral argument in support of the employer's position.
2. (b) A request for postponement of a hearing so scheduled shall only be granted where the rights of an employer would be subtantially prejudiced by the denial of the request or in a medical emergency. The Commissioner has sole discretion to grant such requests.

(Effective July 5, 1994)