R25-3-5. Commencement of Informal Adjudicative Proceedings

  (1) Purpose. An informal review hearing provides a fair and impartial opportunity for the Parties to be heard and to present evidence. The adjudicative process allows the Appeal Authority to be completely informed about the case. After having considered the Parties' evidence, the Appeal Authority may then render a decision based upon all of the facts, circumstances, and applicable laws, rules, and policies.

  (2) After granting the Request for Review, the Administrator shall promptly designate the Appeal Authority and its presiding hearing officer, as authorized in Subsection 63A-3-110(4)(b).

  (3) The presiding Appeal Authority hearing officer shall schedule a hearing date at least 30 days from the mailing date of the hearing notice.

  (4) A written notice of the review hearing, signed by the presiding Appeal Authority hearing officer, shall be mailed to the Administrator and all Parties and any other person who has a right to notice under statute or rule in accordance with Section 63G-4-201, and shall include the following:

  (a) the names and mailing addresses of all persons to whom notice is being given, and the name, title, and mailing address of any attorney or employee who has been designated to appear for the Responsible Governmental Entity;

  (b) the case file number or other reference number (if applicable);

  (c) the name of the adjudicative proceeding;

  (d) the date that the notice of the review hearing was mailed;

  (e) a statement that the review hearing is to be conducted informally according to the provisions of rules adopted under Sections 63G-4-202 and 63G-4-203;

  (f) a statement of the time and place of the scheduled review hearing, a statement of the purpose for which the hearing is to be held, and, to the extent known by the presiding Appeal Authority hearing officer, the questions to be decided;

  (g) a statement that a Party who fails to attend or participate in a scheduled and noticed hearing may be held in default;

  (h) a statement of the legal authority and jurisdiction under which the review hearing is to be maintained (i.e. Subsection 63A-3-110(4);

  (i) the name, title, mailing address, and telephone number of the presiding Appeal Authority hearing officer.