The ABLE Commission shall have the authority to conduct an initial hearing when a hearing is required by law. The Director of the ABLE Commission may employ such hearing officers and assistants as are necessary to conduct the hearings. If a hearing is conducted by a hearing officer, the hearing officer shall issue a report to the ABLE Commission. The report of the hearing officer shall include findings of fact and conclusions of law. Notice of the recommendation of the hearing officer shall be sent to the last- known address of the licensee. If the licensee disagrees with the recommendation of the hearing officer, the licensee may request a hearing before the ABLE Commission for a review of the record. If the licensee fails to request a review of the record within fifteen (15) days after the date of the notice of the hearing officer's decision, the recommendation of the hearing officer shall become a final order of the ABLE Commission. A failure to request a review of the record by the ABLE Commission in a timely manner shall constitute a failure to exhaust administrative remedies. Added by Laws 2016, c. 366, § 63, eff. Oct. 1, 2018. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
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