Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
����� 1. Except as otherwise provided in
subsection 2, if the Administrator files a formal complaint with the
Commission, the Commission or a hearing panel shall hold a hearing on the
complaint not later than 90 days after the date that the complaint is filed.
����� 2. The Commission or the hearing panel may
continue the hearing upon its own motion or upon the written request of a party
to the complaint, for good cause shown, including, without limitation, the
existence of proceedings for mediation or arbitration or a civil action
involving the facts that constitute the basis of the complaint.
����� 3. The Division shall give the respondent
written notice of the date, time and place of the hearing on the complaint at
least 30 days before the date of the hearing. The notice must be:
����� (a) Delivered personally to the respondent or
mailed to the respondent by certified mail, return receipt requested, to his or
her last known address.
����� (b) Accompanied by:
������������ (1) A copy of the complaint; and
������������ (2) Copies of all communications, reports,
affidavits and depositions in the possession of the Division that are relevant
to the complaint.
����� 4. At any hearing on the complaint, the
Division may not present evidence that was obtained after the notice was given
to the respondent pursuant to this section, unless the Division proves to the
satisfaction of the Commission or the hearing panel that:
����� (a) The evidence was not available, after
diligent investigation by the Division, before such notice was given to the
respondent; and
����� (b) The evidence was given or communicated to the
respondent immediately after it was obtained by the Division.
����� 5. The respondent must file an answer not
later than 30 days after the date that notice of the complaint is delivered or
mailed by the Division. The answer must:
����� (a) Contain an admission or a denial of the
allegations contained in the complaint and any defenses upon which the
respondent will rely; and
����� (b) Be delivered personally to the Division or
mailed to the Division by certified mail, return receipt requested.
����� 6. If the respondent does not file an
answer within the time required by subsection 5, the Division may, after giving
the respondent written notice of the default, request the Commission or the
hearing panel to enter a finding of default against the respondent. The notice
of the default must be delivered personally to the respondent or mailed to the
respondent by certified mail, return receipt requested, to his or her last
known address.