Agency Referral to Office of Administrative Hearings
(1)When referring a contested case to the Office of Administrative Hearings, the agency shall provide written notice of the referral to the Office of Administrative Hearings that includes the name of the agency and the name and address of each party and its counsel. The notice may also include the agency case number, the name and address of the agency staff person or the assigned assistant attorney general, if any, upon whom pleadings and other papers should be served, and any other information requested by the Office of Administrative Hearings.
(2)The agency referral notice must be accompanied by a copy of the agency’s contested case notice in the case, a copy of any request for hearing and copies of motions or petitions filed with the agency and orders issued by the agency in the contested case.
(3)The agency shall provide a copy of the referral notice to each party or their counsel, if any. The agency may include additional copies of documents already sent to or received from the parties or their counsel with the copy of the referral notice.
(4)After a case has been referred by the agency to the Office of Administrative Hearings, the agency may withdraw the case from the Office of Administrative Hearings if the agency notifies the parties in writing that:
(a)The agency is withdrawing its contested case notice;
(b)All of the issues in the case have been resolved without the need to hold a hearing; or
(c)The agency has determined that it is not appropriate for the case to proceed to a hearing at that time and the reason therefor.
Rule 137-003-0515 — Agency Referral to Office of Administrative Hearings,