R708-48-16. Procedures Governing Informal Adjudicative Proceedings

(1) The division shall notify a provider or installer in writing of the decision to deny, cancel, or revoke a provider or installer license. (2) The division shall begin an action to deny, cancel, or revoke a provider or installer license by the issuance of a notice of agency action and ensure the notice of agency action complies with Section 63G-4-201. (3) The provider or installer is not required to respond to the notice of agency action. (4) The division shall grant an opportunity for a hearing when the division receives a request in writing within ten calendar days from the date the notice of agency action is issued. (5) The division shall send written notice of a hearing at least 14 days before the date of the hearing. (6) The division may not allow discovery, either compulsory or voluntary, before the hearing except that: (a) each party shall have access to information relevant to the action in the division's files; and (b) each party shall have access to any investigative information and materials permitted by law. (7) A hearing officer shall hold a hearing within 30 calendar days from the day that the division receives the written request for hearing unless agreed to by the parties. (8)(a) The division shall issue a written decision that shall constitute final agency action within 20 days after the date of the close of the hearing, or after the failure of a party to appear for the hearing. (b) The division shall ensure the written decision states, the reason for the decision, notice of right to request reconsideration under Section 63G-4-302, notice of right of judicial review under Section 63G-4-402, and the time limits for filing an appeal to the appropriate district court.