1. (a) A contested case means a proceeding, including but not restricted to certification, in which the legal rights, duties or privileges of a party are required by statute to be determined by the Police Officer Standards and Training Council after an opportunity for hearing or in which a hearing is in fact held.
2. (b) When the Council has reason to believe there has been a violation of the statute(s) or regulation(s) administered by the Council, the executive director shall issue a complaint by certified mail or personal service to the respondent.

3. (c) The notice in contested cases shall contain:

   1. (1) A statement of the time, date, place and nature of the compliance conference;
   2. (2) a statement of the legal authority and jurisdiction under which the compliance conference is to be held;
   3. (3) a reference to the particular sections of the statutes or regulations allegedly violated or not complied with;
   4. (4) a short and plain statement of the matters asserted; and(5) a statement that the respondent may be represented by counsel.
4. (d) Correspondence subsequent to notice may be sent by regular mail to the respondent, or if represented by counsel, to such counsel;
5. (e) If the respondent needs additional time the respondent may file a motion for additional time with the executive director. The executive director may grant such motion and modify the hearing schedule.
6. (f) If the respondent desires to obtain a more complete or particular statement as to the nature of the act or omission alleged to be in violation of the law, the respondent may file with the executive director no later than 15 days prior to the scheduled hearing in written motion for a more detailed statement of the nature of the charge(s). The granting or denial of such a motion is within the complete discretion of the executive director.
7. (g) Appearances, admissions and denials, answers, motions and any other pleading which a respondent wishes considered by the executive director 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 by any party will not prevent the executive director from proceeding with the matter.

(Effective November 29, 1995)