Sec. 19a.01.03.07. Hearing Notice

A. When a complaint is not dismissed by preliminary Commission determination, a hearing shall be scheduled and a hearing notice shall be issued by the Chairman or other designated member acting on the Commission's behalf.

B. A hearing notice shall include a:

(1) Statement of the time, place, and nature of the hearing;

(2) Statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) Reference to the relevant sections of the statutes, regulations, and rules of procedure involved;

(4) Short and simple statement of the matters asserted;

(5) Statement that failure to appear for the scheduled hearing may result in adverse action against the respondent;

(6) Statement that the respondent may agree to the evidence and waive the right to appear at the hearing; and

(7) Statement of the respondent's right to:

(a) Call witnesses and submit documents or other evidence as provided in Regulation .10 of this chapter,

(b) Use the subpoena power of the Commission as set forth in Regulation .02C of this chapter,

(c) Receive a copy of the Commission's enforcement procedures found in this chapter if not otherwise provided, and

(d) Be represented by counsel in the hearing.

C. If, in a hearing notice issued pursuant to §B of this regulation, the Commission is unable to state the matters in detail at the time the hearing notice is served, the initial notice may be limited to a statement of issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

D. A hearing notice issued pursuant to §A of this regulation shall be served on the respondent as set forth in Regulation .02F of this chapter.