| (a) A person who receives notice of the department's
intention to deny an application for an inspector certificate, to
suspend or revoke an inspector certificate or to impose an administrative
penalty under §23.62 of this title (relating to Violations and
Penalty Schedule), 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 Vehicle Inspection Program
website within thirty (30) calendar days after receipt of notice of
the department's proposed action. If a written request to appeal is
not submitted within thirty (30) calendar days of the date notice
was received, the right to an informal hearing or settlement conference,
as applicable, or a hearing before the State Office of Administrative
Hearings, is waived, and the action becomes final.
(b) If the action is based on the person's criminal
history, a preliminary, 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, 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 following a preliminary
hearing, or its determination following a settlement conference, may
be appealed to the State Office of Administrative Hearings by submitting
a request by mail, facsimile, or electronic mail, to the department
in the manner provided on the department's Vehicle Inspection Program
website, within thirty (30) calendar days after receipt of the findings
or determination. 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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