23-420. Hearing rights and procedures
A. Subject to the provisions of section 23-417 an interested party may request a
hearing.
B. A request for hearing shall be made in writing, signed by or on behalf of the
interested party and including his address, stating that a hearing is desired, and mailed
to the commission. The request shall also state with particularity the violation,
abatement period or penalty which is being protested. Any violation, abatement period or
penalty not protested within the time limit specified on the citation or penalty notice
will be deemed admitted.
C. The commission shall refer the request for hearing to the administrative law
judge division for determination as expeditiously as possible. The administrative law
judge assigned to hear a case arising out of this article shall either be a member of the
administrative law judge division of the commission established pursuant to section
23-108.02 or an attorney appointed by the commission to hear specifically matters arising
under this article.
D. At least five days prior to any hearing, notice of the time and place of such
hearing shall be given to all parties in interest by mail at their last known
address. The hearing shall be held in the county where the violation has occurred or
such other place as selected by the administrative law judge.
E. A record of all proceedings at the hearing shall be kept but need not be
transcribed unless a party requests a review of the decision of the administrative law
judge.
F. Except as otherwise provided in this section and by rules of procedure
promulgated by the commission pursuant to section 23-405, paragraph 5, the administrative
law judge is not bound by common law or statutory rules of evidence or by technical or
formal rules of procedure and shall conduct the hearing in any manner that will achieve
substantial justice.
G. An interested party shall be entitled to the issuance of subpoenas for the
attendance of witnesses, parties and the production of reports, papers, contracts, books,
accounts, documents and testimony which are relevant and material to the issue. The
commission shall issue such subpoenas. The commission may initiate contempt proceedings
against any person who refuses to comply with a duly issued subpoena, upon application to
the superior court. Any person held in contempt may be punished by a fine of not to
exceed one thousand dollars.
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