| (a) A contested case shall be instituted by the department
after a person has requested a hearing or declined a penalty.
(b) Upon receipt of a setting for a hearing in a contested
case, the department shall serve a notice of hearing upon the respondent.
(c) A notice of hearing shall include the following:
(1) a statement of the nature of the hearing;
(2) a statement of the date, time, and place of the hearing;
(3) a statement of the legal authority and jurisdiction
under which a hearing is to be held;
(4) a reference to the particular sections of the statutes
and rules involved;
(5) a short, plain statement of the matters asserted,
including the recommended penalty or action;
(6) the following language in capital letters in at least
10-point boldface type: "YOUR FAILURE TO APPEAR AT THE HEARING WILL RESULT
IN THE ALLEGATIONS AGAINST YOU SET OUT IN THIS NOTICE BEING ADMITTED AS TRUE,
AND THE RELIEF SOUGHT IN THIS NOTICE OF HEARING MAY BE GRANTED BY DEFAULT";
and
(7) the language provided under §29.11(e) of this
title (relating to Entry of Appearance; Continuance).
(d) After a hearing has been set, any party may move for appropriate
relief, including, but not limited to, prehearing conferences, discovery,
evidentiary rulings, continuances, and settings.
(e) A notice of hearing shall be served in accordance with
the procedure set out in §29.5 (relating to Service of Notice of Hearing
for Contested Cases-Motor Carrier) or §29.6 (relating to Service of Notice
of Hearing for Contested Cases-Other) of this title. An amended notice of
hearing may be served in accordance with §29.9 of this title (relating
to Service of Pleadings and Motions).
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