§ 384. Commencement of proceedings; default judgments. a. The bureau\nshall conduct the proceedings authorized by local law in accordance with\nthis section and with rules promulgated by the director.\n b. Such proceedings shall be commenced by the service of notice of\nviolation. The notice of violation or copy thereof when filled in and\nserved shall constitute notice of the violation charged, and, if sworn\nto or affirmed, shall be prima facie evidence of the facts contained\ntherein. The notice of violation when sworn to or affirmed shall\nconstitute the testimony of the signator and, when filed with the bureau\nshall be admitted into evidence as such testimony at any hearing on the\nviolation charged. Every such notice of violation shall state whether\nthe facts set forth therein are known personally to the signator and if\nthe facts are not so known the notice of violation shall specifically\nidentify the source of knowledge of such facts. If the respondent\ndisputes the facts stated in the notice of violation, the administrative\nlaw judge, where appropriate may reject the signator's facts, accept\nfacts the respondent offers, or direct the signator's appearance.\n c. (1) The form and wording of notices of violation shall be\nprescribed by the director. The notice of violation shall contain\ninformation advising the person charged of the manner and the time in\nwhich such person may either admit or deny the violation charged in the\nnotice. Such notice of violation shall also contain a warning to advise\nthe person charged that failure to plead in the manner and time stated\nin the notice may result in a default decision and order being entered\nagainst such person. The original or a copy of the notice of violation\nshall be filed and retained by the bureau and shall be deemed a record\nkept in the ordinary course of business.\n (2) Every notice of violation shall identify the provision of law\ncharged and shall set forth the factual basis for the violation. Where a\nnotice of violation does not contain this information, it shall be\ndismissed at the request of the respondent or the administrative law\njudge may dismiss the notice of violation upon his or her own motion.\n d. Where a respondent has failed to plead within the time allowed by\ncontrolling law or, if there is no such controlling law, by the rules of\nthe bureau, or has failed to appear on a designated hearing date or a\nsubsequent date following an adjournment, such failure to plead or\nappear shall be deemed, for all purposes, to be an admission of\nliability and shall be grounds for rendering a default decision and\norder imposing a penalty up to the maximum amount prescribed under law\nfor the violation charged. A default decision and order may be opened\nwithin one year of its entry upon written application showing excusable\ndefault and a defense to the charge; a default decision and order may\nthereafter be opened in the discretion of the director only upon written\napplication showing excusable default, a defense to the charge, and good\ncause for the delay.\n e. Any final order of the bureau imposing a civil penalty, whether the\nadjudication was had by hearing or upon default or otherwise, shall\nconstitute a judgment rendered by the bureau against the respondent\nwhich may be entered in the city court or other equivalent court of the\nmunicipality or any other place provided for the entry of civil\njudgments within the state, and may be enforced against the respondent\nand his, her or its property without court proceedings in the same\nmanner as the enforcement of money judgments entered in civil actions;\nprovided however that no such judgment shall be entered which exceeds\nthe jurisdiction of such city court or other court.\n f. Notwithstanding the foregoing provision, before a judgment based\nupon a default may be so entered the bureau must have notified the\nrespondent by first class mail in such form as the director may require;\n(1)
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