Sec. 13b.04.01.03. Notice of the Right to a Hearing  


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  • A. If there is a statutory right to appeal an action of the Secretary or the Commission, the Secretary or the Commission, as appropriate, shall provide notice of that action in accordance with this regulation.

    B. The notice shall include:

    (1) A statement of the factual basis for the action;

    (2) A reference to the statutory or regulatory provision under which the action is being taken;

    (3) A statement of the right to a hearing upon request;

    (4) The authority of the Secretary or the Commission to hold the hearing;

    (5) A statement of the time period within which a hearing shall be requested;

    (6) A statement of the specific action a person is required to take in order to timely request a hearing; and

    (7) A statement that unless a hearing is requested the intended action of the Secretary or the Commission shall become final and binding on all parties.