Section 408.35. Bureau compliance hearings.

(1) If the director believes that there has not been compliance with the act, then the director may, on his or her own motion, give notice to the parties and schedule a hearing for the purpose of determining compliance. The notice shall contain a statement of the matter to be considered.

(2)   If a matter that is alleged to be grounds for a hearing in accordance with this rule is brought to the attention of the bureau, then the director or his or her authorized representative shall review the evidence of noncompliance with the act that is presented and, after making inquiries or investigations that he or she deems appropriate, determine if a hearing in accordance with this rule is  necessary.  The   parties involved shall be notified within 30 days of a receipt of the request as to the time and date of hearing or the reasons for denial.

(3)    The bureau shall schedule a hearing within a reasonable time, subject to the availability and schedules of hearing personnel and the parties involved.

A request for a hearing under this rule shall, at a minimum, contain sufficient information to warrant investigation or inquiry into a matter. The request for hearing shall include,  but  is  not  limited  to,  all of the following information:

(a)    Facts and law involved in the alleged failure to comply, including names, dates, amounts, or other pertinent information.

(b)    A description of the redress or other specific action requested with specific references to sections of the act allegedly not complied with.

(4)   The director shall issue an order on the hearing in which compliance may be ordered.

(5)    Any order of the director under this rule may be appealed to the board of magistrates within 15 days after the order is mailed to the parties. If the order is not appealed within 15 days after mailing, then the order of the director is final. The board of

magistrates shall conduct a hearing on the appeal within 60 days of the date of appeal to the board of magistrates.

History: 1979 AC; 1984 AACS; 1998-2000 AACS.