§356D-93 - Hearings.
[§356D-93] Hearings. (a) Where theauthority proposes to terminate a lease or rental agreement and evict a tenantunder section 356D-92, a hearing shall be held to determine whether causeexists for the action. The authority shall give written notice to the personconcerned specifying the reason for which the eviction is proposed and fixingthe date and place of hearing. The written notice shall further inform thetenant of the right to inspect and copy the tenant file at the tenant's expensebefore the hearing is held. The notice shall be given at least five daysbefore the date set for the hearing. At the hearing, before final action istaken, the person concerned shall be entitled to be heard in person or throughcounsel, and shall be accorded a full and fair hearing in accordance with therequirements of a contested case hearing provided for under sections 91-9 and91-10 to 91-13. This full and fair hearing shall be deemed to be a contestedcase hearing before the authority that is required pursuant to chapter 91.
(b) Hearings shall be conducted by an evictionboard appointed by the authority. The eviction board shall consist of notfewer than three persons, of which one member shall be a tenant. At least oneeviction board shall be established in each county of the State. The findings,conclusions, decision, and order of the eviction board shall be final unless anappeal is taken as hereinafter provided.
(c) The eviction board shall have the samepowers respecting administering oaths, compelling the attendance of witnessesand the production of documentary evidence, and examining witnesses, as arepossessed by circuit courts. In case of disobedience by any person of anyorder of the eviction board, or of any subpoena issued by the eviction board,or the refusal of any witness to testify to any matter regarding which thewitness may lawfully be questioned, any circuit judge, on application by theeviction board, shall compel obedience as in the case of disobedience of therequirements of a subpoena issued by a circuit court, or a refusal to testifytherein. [L 2006, c 180, pt of §2]