41-1092.03 - Notice of appealable agency action or contested case; hearing; informal settlement conference; applicability
41-1092.03. Notice of appealable agency
action or contested case; hearing; informal settlement
conference; applicability
A. Except as provided in subsection D of this section, an agency shall serve notice
of an appealable agency action or contested case pursuant to section 41-1092.04. The
notice shall:
1. Identify the statute or rule that is alleged to have been violated or on which
the action is based.
2. Identify with reasonable particularity the nature of any alleged violation,
including, if applicable, the conduct or activity constituting the violation.
3. Include a description of the party's right to request a hearing on the
appealable agency action or contested case.
4. Include a description of the party's right to request an informal settlement
conference pursuant to section 41-1092.06.
B. A party may obtain a hearing on an appealable agency action or contested case by
filing a notice of appeal or request for a hearing with the agency within thirty days
after receiving the notice prescribed in subsection A of this section. The notice of
appeal or request for a hearing may be filed by a party whose legal rights, duties or
privileges were determined by the appealable agency action or contested case. A notice
of appeal or request for a hearing also may be filed by a party who will be adversely
affected by the appealable agency action or contested case and who exercised any right
provided by law to comment on the action being appealed or contested, provided that the
grounds for the notice of appeal or request for a hearing are limited to issues raised in
that party's comments. The notice of appeal or request for a hearing shall identify the
party, the party's address, the agency and the action being appealed or contested and
shall contain a concise statement of the reasons for the appeal or request for a
hearing. The agency shall notify the office of the appeal or request for a hearing and
the office shall schedule an appeal or contested case hearing pursuant to section
41-1092.05, except as provided in section 41-1092.01, subsection F.
C. If good cause is shown an agency head may accept an appeal or request for a
hearing that is not filed in a timely manner.
D. This section does not apply to a contested case if the agency:
1. Initiates the contested case hearing pursuant to law other than this chapter and
not in response to a request by another party.
2. Is not required by law, other than this chapter, to provide an opportunity for
an administrative hearing before taking action that determines the legal rights, duties
or privileges of an applicant for a license.
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