R21-2-10. Hearings in Informal Adjudicative Proceedings

(1) Hearing requests shall be recorded by the office. (2) The office shall give timely notice to the requesting party informing them that: (a) an administrative hearing has been scheduled, including the time, date, and location of the hearing; (b) the requesting party may bring any documentation, witnesses, or legal representation to the hearing; (c) if the resulting decision is in favor of the office, the cost of the hearing may be added to the balance owed; and (d) the requesting party has the option to withdraw their request for a hearing in writing at least three business days before the hearing. (3) Evidence upon which a presiding officer may rely in issuing an order when there has been no hearing: (a) documented information from agency sources; (b) failure of the entity to produce upon request of the presiding officer canceled checks, or alternative documentation, as evidence of payments made; or (c) failure of the entity to produce a record kept by a financial institution, the agency initially servicing the debt, the office or its designee, showing payments made.