Current through Register Vol. XLI, No. 24, June 14, 2024
Section 91-17-3 - Pre-hearing Procedures3.1. Request for hearing. --Any applicant or licen-see, as the case may be, adversely affected by an or dermade and entered by the Commissioner in accordance with the provisions of §17A-6-l et seq., may request a hearing by filing a notice with the Commissioner in person, or by certified mail, return receipt requested, within thirty (30) days after the date upon which a copy of said order is received,3.2. Contents of notice. -- The notice requesting a hearing shall contain the following information: (a) A description of the order upon which a hear-ing is requested; and(b) The grounds upon which it is asserted that said order should be vacated or modified.3.3. Notice of hearing. -Within ten (10) days after receipt of a notice requesting a hearing, the Commissioner shall cause a notice of hearing to be served upon the party requesting a hearing by certified mail, return receipt requested. Such notice shall specify the time, date, and place of the hearing and shall contain a statement of the issues to be considered at the hearing. All parties shall be afforded at least ten (10)days notice of the hearing,3.4. Failure of person requesting hearing to appear. -- The failure of a person requesting a hearing to appear without first obtaining a continuance pursuant to Sections 3.5 or 3.6 shall result in an automatic reinstatement of the Commissioner's order.3.5. Request for continuance. - The person re-questing a hearing may be granted a continuance of a scheduled hearing. The request for continuance shall be in writing, and must be received by the Director of the Titles and Registration Division of the Department of Motor Vehicles at least five (5) days prior to the scheduled hearing date. Such requests will be granted if good cause is shown. Good cause shall include such reasons as serious illness, medical appointments, court appearances, or religious holidays of either the person requesting a hearing or his attorney.3.6. Continuance on the motion of the Commissioner. -- The Commissioner may postpone or continue a hearing on his own motion. The Commissioner may also grant a continuance on less than five (5) days notice in the circumstances of unexpected personal emergencies.3.7. Subpoenas. -Any party may request the issuance of subpoenas or subpoenas duces tecum by the Commissioner. The authority for the issuance of subpoenas and subpoenas duces tecum is contained in§ 17A-2-18. All to provisions relating to subpoenas and subpoenas duces tecum set forth in paragraph (b) of §29A-5-l shall be followed.3.8. Stays. - The filing of a notice requesting a hearing shall operate to automatically stay or suspend execution of any order which is the subject matter of said hearing except for an order suspending a license certificate in accordance with the provisions of subsection (b) of §17A-6-l8. -3.9. Designation of hearing examiner. --The Commissioner may appoint a hearing examiner to conduct hearings under these rules and to recommend findings of fact and conclusions of the law to the Commissioner. Such appointee shall have had no contact or involvement with the investigation which resulted in the order that is being contested. Hearing examiners may exercise all the powers listed in §29A- 5-l(d),