68 IAC 7-1-2 Requests for hearings

Sec. 2. (a) A request for hearing shall meet the following requirements: (1) Be in writing. (2) State the name, current address, and current telephone number of the petitioner. (3) State in detail the reasons why and the facts upon which the petitioner will rely to show that the petitioner's application for a license should not have been denied, the license should have been renewed, the transfer of ownership should have been approved, or the petitioner should not have been placed on the exclusion list, including specific responses to any facts enumerated in the commission's notice of denial, notice of nonrenewal, or notice of exclusion. (4) All requests for hearing shall be signed, verified, and dated by the petitioner. Such verification shall be notarized and shall include a certification stating, "Under the penalty of perjury, the undersigned has examined this request for hearing and to the best of my knowledge and belief, it is true, complete, and correct.". (b) A request for hearing shall be submitted within ten (10) days after service of the notice of denial or notice of nonrenewal. A request for hearing shall be submitted within fifteen (15) days after service of the notice of exclusion. A petitioner who has been denied an occupational license due to a felony conviction under IC 4-33-8-3 must have first undergone a review under 68 IAC 2-4. The request for hearing shall meet the following requirements: (1) The petitioner may submit a request for hearing in accordance with IC 4-21.5-3-1. (2) A request for a hearing must be submitted to the executive director at the commission's office in Indianapolis, Indiana. (3) A request for a hearing submitted by certified mail or overnight express mail shall be deemed timely submitted if it is postmarked no later than ten (10) days after service of a notice of denial or notice of nonrenewal, or fifteen (15) days after service of a notice of exclusion in accordance with the Act. (c) A request for a hearing shall be deemed granted unless denied. The commission may deny a request for hearing if the statement of reasons and facts does not establish a prima facie case. (d) Once a request for a hearing is granted, the executive director shall assign a title and case number to the matter. (e) A request for a hearing may not be withdrawn or voluntarily dismissed if the commission determines that withdrawal or voluntary dismissal is not in the best interest of the public and the gaming industry. If the commission allows a petitioner to withdraw a hearing request, the initial denial, nonrenewal, or placement on the exclusion list becomes a final commission order. (f) The commission shall appoint a commission member or an administrative law judge to conduct a hearing in accordance with this rule. The petitioner shall be served with a copy of the letter of appointment, and such letter shall serve as notice of the pendency of the hearing. The hearing officer who is to conduct the hearing shall establish a hearing date and notify the parties thereof. The hearing officer may hold prehearing conferences to resolve discovery disputes or any other matters. (g) Default judgment or dismissal may result at any stage of the proceeding in accordance with IC 4-21.5-3-24. If a party fails to take action for which it is responsible for a period of sixty (60) days, default judgment shall be entered against the party or the case shall be dismissed.