Sec. 13b.04.01.04. Request for a Hearing

A. A written request for a hearing shall be filed:

(1) Within the time period specified by relevant statute or regulation; or

(2) If no time period is otherwise specified, not later than 30 days from the date of the notice of the contested action.

B. A request for a hearing is considered filed on the earlier of the date the request is postmarked or when actually received by the Secretary or the Commission, as appropriate.

C. The request shall include the following:

(1) The name, mailing address, and telephone number of the person filing the request and the person's authorized representative, if any;

(2) The action, sanction, decision, or order being appealed; and

(3) A brief statement of the basis for the request for appeal and other information required by law.

D. Incomplete Request.

(1) If a hearing request is received without the necessary information, or is otherwise improper, the Secretary or the Commission, as appropriate, may return the request, require submission of supplemental information, or require a revised request.

(2) The Secretary or the Commission, as appropriate, may consider a request lacking all necessary information, or that is otherwise improper, as not properly filed and deny the request for a hearing.