R990-10-2. Commencement of the Procedure Requesting a Determination  


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  • A. Commencement of the procedure to request a determination from the Board shall be conducted in conformity with Section 63G-4-201(3).

    1. A complainant requesting a determination from the Board must submit such a request:

    a. In writing;

    b. Signed by the person invoking the jurisdiction of the Board or by that person's representative; and

    c. Including the following information:

    1. The names and addresses of all parties to whom a copy of the request for a hearing is being sent;

    2. The Board's file number or other reference number;

    3. The name of the adjudicative proceeding, if known;

    4. The date the request for the hearing was mailed;

    5. A statement of the legal authority and jurisdiction under which action by the Board is requested;

    6. A statement of relief sought from the Board; and

    7. A statement of facts and reasons forming the basis for relief.

    B. The Complainant shall file the request for a determination with the Board and at the same time, shall serve a copy of the request upon the party complained against (the "Respondent"). The Complainant shall also mail a copy of the request to each person known to have a direct interest in the request for a determination by the Board.

    C. The Respondent shall serve a response within fifteen (15) days after the request is served upon the Respondent. The Respondent may admit, deny or explain the point of view of Respondent as to each allegation in the request. Not to respond to any allegation is to admit that allegation. The Respondent may pose a counteroffer to Complainant's request for relief. Any counteroffer must be supported by reasons. Requests and responses may be directed at multiple parties.