R 432.21113 Contested case hearing.

Rule 113. (1) A contested case hearing notice shall be issued in accordance with section 71 of the Administrative Procedures Act. (2) The bureau may establish procedures for the conduct of contested case hearings, including the submission of evidence by written interrogatory hearing officer. (3) There shall be no discovery other than that allowed by the Administrative Procedures Act. (4) When an appearance is made at a contested case hearing, it shall be made in person by the principal officer of the qualified organization; the owner, principal shareholder of the privately held corporation, partner, or top officer of the licensed supplier, licensed manufacturer, or licensed hall; or by counsel. (5) The person or persons who have been served with a contested case hearing notice may file a written answer before the date set for the contested case hearing or may appear at the contested case hearing and present an oral statement on the charges contained in the contested case hearing notice. If written briefs or arguments are presented, then a copy shall be served upon the hearing officer at least 5 days before the date set for the contested case hearing. (6) If the person or persons who have been previously served with a contested case hearing notice fail to appear at the contested case hearing, then the hearing officer may proceed with the contested case hearing and may, on the evidence presented, make a decision. (7) A contested case hearing shall not be adjourned or continued except by the hearing officer. All motions and requests for an adjournment or a continuance shall be in writing. The motion or request shall state concisely the reasons why the requested relief is necessary. (8) The parties to any contested case hearing may, by stipulation in writing filed with the hearing officer, agree upon the facts or any portion of the facts involved in the controversy. The stipulation shall be regarded and used as evidence in the contested case hearing. Parties are requested to agree upon the facts when practicable.