R849-1-4. Request for Hearing

  (1) An aggrieved person may file a written request for agency action pursuant to Section 63G-4-201, and in accordance with this rule.

  (2) Hearings must be requested within 30 calendar days from the date that the Office sends written notice of its intended action.

  (3) Failure to submit a timely request for a hearing constitutes a waiver of a respondent's due process rights. The request must explain why the party is seeking agency relief, and the party must submit the request on the "Request for Hearing/Agency Action" form. The party must then mail or fax the form to the address or fax number contained on the notice of agency action.

  (4) The Office considers a hearing request that a recipient sends via mail to be filed on the date of the postmark. If the postmark date is illegible, erroneous, or omitted, the Office considers the request to be filed on the date that the Office receives it, unless the sender can demonstrate through competent evidence that it was mailed before the date of receipt.