23-479

23-479. Hearing rights and procedures

A. Any interested party may request a hearing before the commission to contest the
notice of violation issued pursuant to this article.

B. A request for hearing shall be made in writing, signed by or on behalf of the
interested party and include such party's address. The request shall also state with
particularity the violation or abatement period which is being protested. The request
for hearing shall be filed within fifteen days from the issuance of the notice of
violation or the notice of violation will be deemed final and admitted. For the purposes
of this section "filed" means actually received at an office of the commission.

C. The commission shall refer the request for the hearing to the administrative law
judge division for determination as expeditiously as possible. The presiding
administrative law judge may dismiss a request for hearing if it appears that the
disputed issues have been resolved by the parties. Any interested party who objects to
such dismissal may request a review pursuant to section 23-481.

D. At least twenty days' prior notice of the time and place of the hearing shall be
given to all parties in interest by mail at their last known address. Hearings shall be
held in the county where the alleged violation occurred or such other place selected by
the administrative law judge.

E. A record of all proceedings at the hearing shall be made but need not be
transcribed unless a party applies to the court of appeals for a petition for special
action pursuant to section 23-483. The record of the proceedings if not transcribed
shall be kept for at least two years.

F. Except as otherwise provided in this section and rules or procedure established
by the commission, the administrative law judge is not bound by common law or statutory
rules of evidence or by technical or formal rules of procedure and may conduct the
hearing in any manner that will achieve substantial justice.

G. Any party shall be entitled to issuance and service of subpoenas under the
general subpoena powers of the commission. Any party or a representative may serve such
subpoenas.

H. Any interested party or an authorized agent shall be entitled to inspect the
file of the commission if such authorization is filed in writing with the commission.

I. Within thirty days after the date of notice of hearing, any interested party to
a hearing before the commission may file an affidavit for change of administrative law
judge against any administrative law judge of the commission hearing such matters or
commencing to hear such matter, setting forth any of the grounds as provided in
subsection J of this section. The administrative law judge shall immediately transfer
the matter to another administrative law judge of the commission who shall preside. Not
more than one change of administrative law judge shall be granted to any one party.

J. Grounds which may be alleged for change of administrative law judge are that:

1. The administrative law judge has been engaged as counsel in the hearing prior to
appointment as administrative law judge.

2. The administrative law judge is otherwise interested in the hearing.

3. The administrative law judge is related to a party to the hearing.

4. The administrative law judge is a material witness in the hearing.

5. The party filing the affidavit has cause to believe and does believe that on
account of the bias, prejudice or interest of the administrative law judge he cannot
obtain a fair and impartial hearing.