R21-2-10. Hearings in Informal Adjudicative Proceedings

  (1) All hearing requests shall be recorded by the office.

  (2) The office shall give timely notice to the requesting party informing them that:

  (a) an administrative hearing has been scheduled, including the time, date, and location of the hearing;

  (b) the requesting party may bring any documentation, witnesses, and/or legal representation to the hearing;

  (c) if the resulting decision is in favor of the Office, the cost of the hearing may be added to the balance owed; and

  (d) the requesting party has the option to withdraw their request for a hearing in writing at least three business days prior to the hearing.

  (3) Evidence upon which a presiding officer may rely in issuing an order when there has been no hearing:

  (a) documented information from agency sources;

  (b) failure of the entity to produce upon request of the presiding officer canceled checks, or alternative documentation, as evidence of payments made; or

  (c) failure of the entity to produce a record kept by a financial institution, the agency initially servicing the debt, the office or its designee, showing payments made.