| (a) A person who receives notice of the department's
intention to deny an application for device approval or for vendor
authorization, to suspend or revoke a vendor authorization, or to
impose an administrative fine, may appeal the decision by submitting
a request to appeal by mail, facsimile, or electronic mail, to the
department in the manner provided on the department's Ignition Interlock
Device Program website, within thirty (30) calendar days after receipt
of notice of the department's proposed action. If a timely written
request to appeal is not submitted, the right to an informal hearing
or settlement conference, as applicable, and to a hearing before the
State Office of Administrative Hearings, is waived, and the proposed
action becomes final.
(b) If the action is based on the person's criminal
history, an informal, telephonic hearing will be scheduled. Following
the hearing, the department will either dismiss the proceedings and
withdraw the proposed action, or issue a written statement of findings
to the respondent either upholding or modifying the original proposed
action.
(c) If the proposed action is based on an administrative
violation, or concerns the denial of an application for device approval,
a settlement conference will be scheduled. The settlement conference
may be conducted in person or by telephone, by agreement of the parties.
Following the settlement conference, the parties will execute an agreed
order, or, if no agreement is reached, the department will issue a
written determination either upholding or modifying the originally
proposed action.
(d) The department's findings resulting from the informal
hearing, or its determination following a settlement conference, may
be appealed as provided in §10.5 of this title (relating to Hearing
Before the State Office of Administrative Hearings). If a written
request is not submitted within thirty (30) calendar days of the date
notice was received, the findings or determination shall become final.
(e) Requests for continuance must be submitted in writing
at least three (3) business days prior to the scheduled hearing or
conference. Requests must be based on good cause. Multiple requests
may be presumed to lack good cause and may be denied on that basis.
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