Current through Register Vol. 54, No. 50, December 14, 2024
Section 45.203 - Administrative procedures(a) Procedures will be established in the Commission's Office of Administration to: (1) Process checks and forward them when violations are admitted.(2) Escrow checks for those citations when a hearing is requested.(b) The housing director will note on the appropriate data base:(1) Citations when violations are admitted and civil penalties paid.(2) Citations when violations are denied and the following apply:(i) Payment is received and escrowed and a hearing requested.(ii) Payment is not received and default judgment is required.(iii) When no response is received and default proceeding are necessary.(c) When violations are admitted and payment is made, the following apply:(1) The fact will be noted and payment forwarded to the Department of Revenue.(2) The record will be closed.(3) Letters will be sent to parties advising of closing.(d) When violations are denied and payment is included, the following apply: (1) The payment will be noted on the record.(2) The hearing request will be forwarded to a citation officer.(3) The parties will be advised.(4) The housing counsel will prepare the matter for hearing.(e) When violations are denied and payment is not received, the following apply: (1) The record will note the deficiency.(2) The parties will be given written notice of a 5-day extension to submit payment.(3) If payment is received, the procedure in subsection (b) will be followed.(4) If payment is still not received, the default procedure will be applied.(f) If there are both admissions of some violations and denial of some with payment, or nonpayment, the appropriate procedure will be utilized as outlined in this section.(g) If there is no response, a request for a default judgment shall be made to the citation officer.(h) The conduct of the hearing by the citation officer in any of these circumstances will be governed by appropriate Commission regulations/requirements or these procedures, or both.