Section 383.115  Who May Request an Administrative Hearing

a)         A licensee or permit holder has the right to request an administrative hearing to review an enforcement action listed in Section 383.120 of this Part, personally or by:

1)         an authorized representative, including an attorney, authorized in writing by a party to assist in the administrative hearing process; or

2)         an individual legally authorized to act on behalf of the licensee or permit holder when the licensee or permit holder is incompetent, incapacitated, or otherwise unable to speak for him/herself.  A certified copy of the court order authorizing the individual to act on behalf of the licensee or permit holder must be provided.

b)         If a licensee or permit holder has an authorized representative or an individual legally acting on his or her behalf, that representative or individual may exercise the rights of the licensee or permit holder in the administrative hearing process.  These rights include the right to:

1)         review and copy record material;

2)         receive Department notices;

3)         speak in the administrative hearing process; and

4)         take any other actions permitted an appellant during the administrative hearing process.