| (a) If the responsible officials disagree with a Commission
action and have exhausted all remedies under §297.13 of this
title (relating to Review of Commission Action), the officials may
request, within 15 days after the date thereof, an administrative
hearing under Chapter 301 of this title (relating to Rules of Practice
in Contested Cases), upon the determination of matters of fact or
law with which they disagree.
(b) The request for hearing shall be effective if post
marked within 15 days from the date of the remedial order or action
on application for variance, or if it is otherwise received by the
Commission within such 15-day time period. The request for hearing
shall be directed to the chairman of the Commission and shall contain
the following statements:
(1) the legal authority and jurisdiction under which
the hearing should be held;
(2) the particular statutes, sections of statutes,
and rules involved;
(3) a short, plain recital of the errors of fact or
law for which review is sought, stating in detail the facts justifying
the amendment or reversal of the order or action of the Commission;
and
(4) the name and address of the person or representative
to whom notices or other written communications shall be directed,
and the name and address of the person or representative who will
appear at the hearing and the name and address of the person or persons
on whose behalf he will appear.
(c) A request for hearing, if not made in the time
and manner herein provided, shall be deemed waived, and in such event
the remedial order or action on application for variance of the Commission
shall become final.
(d) Upon the receipt of a timely request for hearing,
the Commission shall request a hearing be scheduled by the State Office
of Administrative Hearings.
(e) If the administrative law judge issues a proposal
for decision indicating the Commission action is justified, the administrative
law judge shall include in the proposal a finding of the costs, fees,
expenses, and reasonable and necessary attorney's fees the state and
Commission incurred in bringing the proceeding. The board may adopt
the finding for costs, fees, and expenses and make the finding a part
of the final order entered in the proceeding. Proceeds collected from
a finding made under this subsection shall be paid to the Commission.
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