| (a) In a contested case, each party is entitled to
an opportunity:
(1) for hearing after reasonable notice of not less
than 10 days; and
(2) to respond and to present evidence and argument
on each issue involved in the case.
(b) Each notice of hearing shall include the following:
(1) a statement of the time, place, and nature of the
hearing;
(2) a statement of the legal authority and jurisdiction
under which the hearing is to be held;
(3) a reference to the particular sections of the statutes
and rules involved;
(4) either a short, plain statement of the factual
matters asserted or an attachment that incorporates by reference the
factual matters asserted in the complaint or petition; and
(5) any other statements required by law or directed
by the Commission.
(c) If the Commission or a party is unable to state
the factual matters in detail at the time the notice is served, the
initial notice may be limited to a statement of the issues involved.
On timely written application, a more definite and detailed statement
of the facts shall be submitted in writing to the Hearings Division,
which shall issue an amended notice not less than seven days prior
to the date set for the hearing.
(d) In a proceeding in which the Commission has the
burden of proof, if the Commission intends to rely on a section of
a statute or rule not previously referenced in the notice of hearing,
the Hearings Division shall amend the notice to refer to the section
of the statute or rule not less than seven days before the date set
for the hearing. This subsection does not prohibit the Commission
from filing an amended notice of hearing after the hearing has commenced.
If the Commission files an amended notice of hearing after the hearing
has commenced, the examiner shall grant a continuance of at least
seven days at the request of any other party.
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