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Rules and Regulations - Liquor Adjudication Board
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Rules and Regulations - Liquor Adjudication Board
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appeal, but requests an informal <br />hearing to present the circumstances <br />surrounding the violation for <br />consideration by the Board, and may <br />present such circumstances either in <br />person or through a written statement. <br />3. The licensee or Party, upon selection of <br />Alternative III, requests a formal <br />hearing, otherwise known as a contested <br />case hearing, to offer defenses to the <br />charges in the Complaint and <br />Accusation. In contested cases, the <br />licensee involved shall be required to <br />be present at the hearing. If the <br />licensee or Party fails to appear at <br />the hearing after being duly notified, <br />the contested case may proceed in the <br />licensee's or Party's absence and the <br />Board may adjudicate the complaint and <br />assess penalties. <br />4. The licensee, upon selection of <br />Alternative IV, Stipulated Penalty, <br />stipulates not to exercise the right to <br />a hearing and appeal, in which case, <br />the licensee shall pay the stipulated <br />penalty as set forth in Rule 1.12, and <br />shall not be required to appear before <br />the Liquor Control Adjudication Board. <br />e. DECISION. The decision of the Board shall <br />be subject to the limitations or standards as may be <br />prescribed by law. If the Board decides in favor of <br />the licensee, it shall promptly notify the licensee <br />thereof. If the Board decides otherwise, it shall <br />issue an appropriate decision and order. Such <br />decision and order shall be accompanied by separate <br />findings of fact and conclusions of law. The Board <br />shall within. a reasonable time send a certified copy <br />thereof to the licensee. <br />Rule 1.9 REHEARING. In a contested case hearing, a licensee or <br />Party may file a motion for a rehearing, and shall <br />file such motion within fifteen days of the receipt of <br />the decision and order issued by the Board. The <br />motion for rehearing may be on all or part of the <br />Effective August 18, 2006 6 <br />
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