Section 19-506.1. Administrative Tribunal  


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  • a. If the commission is unable to
      produce a complaining witness in person, where such witness' credibility
      is relevant to  the  charges  made  in  the  notice  of  violation,  the
      commission  shall make reasonable efforts to make such witness available
      during the hearing by  videoconferencing  or  teleconferencing.  If  the
      complaining  witness  is  not available during a hearing, the commission
      shall produce a statement outlining its efforts to produce such witness.
      An administrative law judge shall examine such statement and  if  he  or
      she  decides the commission's efforts to produce the complaining witness
      were inadequate, the administrative law judge shall dismiss  the  notice
      of violation.
        b.  Hearings where the commission seeks the revocation of a commission
      issued license for a rule  violation  that  does  not  provide  for  the
      mandatory  revocation  of  such  license as a penalty shall be conducted
      before the office of administrative trials and  hearings  and  shall  be
      subject to the procedures of that tribunal. The commission may authorize
      other  hearings  to  be  conducted  before  the office of administrative
      trials and hearings.
        c.  If  a  respondent  timely  files  to  appeal  a  decision  of  the
      administrative   tribunal,  any  fines  imposed  by  the  administrative
      tribunal shall be stayed until  a  decision  is  made  in  such  appeal,
      provided  that  the commission shall not be required to refund any fines
      paid before respondent made his or her  appeal  unless  such  appeal  is
      successful.  The  administrative  tribunal  shall  expedite  any  appeal
      involving a suspension or revocation of a commission issued license.
        d. If, for the purposes of appealing a decision, a respondent requests
      a copy of the hearing recording, such recording  shall  be  produced  to
      such  respondent  within  thirty days after receipt of a written request
      from such respondent. If the commission  cannot  produce  the  recording
      within  the thirty day period, the determination being appealed shall be
      dismissed without prejudice.
        e. Notwithstanding any other  laws,  rules  or  regulations,  where  a
      respondent fails to appear at a scheduled hearing, such respondent shall
      have  two  years  from  the entry of any determination to move to vacate
      such determination and seek a new hearing. After  mailing  a  notice  of
      default   to  a  respondent,  the  commission  shall  prepare  a  record
      containing the name of the person who mailed such notice, and the  date,
      time and method used to mail such notice. The commission shall make such
      record available upon request to such respondent.