§356D-93 - Hearings.
[§356D-93] Hearings. (a) Where the
authority proposes to terminate a lease or rental agreement and evict a tenant
under section 356D-92, a hearing shall be held to determine whether cause
exists for the action. The authority shall give written notice to the person
concerned specifying the reason for which the eviction is proposed and fixing
the date and place of hearing. The written notice shall further inform the
tenant of the right to inspect and copy the tenant file at the tenant's expense
before the hearing is held. The notice shall be given at least five days
before the date set for the hearing. At the hearing, before final action is
taken, the person concerned shall be entitled to be heard in person or through
counsel, and shall be accorded a full and fair hearing in accordance with the
requirements of a contested case hearing provided for under sections 91-9 and
91-10 to 91-13. This full and fair hearing shall be deemed to be a contested
case hearing before the authority that is required pursuant to chapter 91.
(b) Hearings shall be conducted by an eviction
board appointed by the authority. The eviction board shall consist of not
fewer than three persons, of which one member shall be a tenant. At least one
eviction board shall be established in each county of the State. The findings,
conclusions, decision, and order of the eviction board shall be final unless an
appeal is taken as hereinafter provided.
(c) The eviction board shall have the same
powers respecting administering oaths, compelling the attendance of witnesses
and the production of documentary evidence, and examining witnesses, as are
possessed by circuit courts. In case of disobedience by any person of any
order 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 the
witness may lawfully be questioned, any circuit judge, on application by the
eviction board, shall compel obedience as in the case of disobedience of the
requirements of a subpoena issued by a circuit court, or a refusal to testify
therein. [L 2006, c 180, pt of §2]