41-1061. Contested cases; notice; hearing;
records


A. In a contested case, all parties shall be afforded an opportunity for hearing
after reasonable notice. Unless otherwise provided by law, the notice shall be given at
least twenty days prior to the date set for the hearing.


B. The notice shall include:


1. A statement of the time, place and nature of the hearing.


2. A statement of the legal authority and jurisdiction under which the hearing is
to be held.


3. A reference to the particular sections of the statutes and rules involved.


4. A short and plain statement of the matters asserted. If the agency or other
party is unable to state the matters in detail at the time the notice is served, the
initial notice may be limited to a statement of the issues involved. Thereafter upon
application a more definite and detailed statement shall be furnished.


C. Opportunity shall be afforded all parties to respond and present evidence and
argument on all issues involved.


D. Unless precluded by law, and except as to claims for compensation and benefits
under chapter 6 of title 23, informal disposition may be made of any contested case by
stipulation, agreed settlement, consent order or default.


E. The record in a contested case shall include:


1. All pleadings, motions, interlocutory rulings.


2. Evidence received or considered.


3. A statement of matters officially noticed.


4. Objections and offers of proof and rulings thereon.


5. Proposed findings and exceptions.


6. Any decision, opinion or report by the officer presiding at the hearing.


7. All staff memoranda, other than privileged communications, or data submitted to
the hearing officer or members of the agency in connection with their consideration of
the case.


F. Oral proceedings or any part thereof shall be recorded manually or by a
recording device and shall be transcribed on request of any party, unless otherwise
provided by law. The cost of such transcript shall be paid by the party making the
request, unless otherwise provided by law or unless assessment of the cost is waived by
the agency.


G. Findings of fact shall be based exclusively on the evidence and on matters
officially noticed.