52:14B-9 - Notice and hearing in contested cases
52:14B-9.Ā Notice and hearing in contested cases
(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
(b) The notice shall include in addition to such other information as may beĀ deemed appropriate:
(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.Ā If the agency orĀ other party is unable to state the matters in detail at the time the notice isĀ served, the initial notice may be limited to a statement of the issuesĀ involved.Ā Thereafter upon application a more definite and detailed statementĀ shall be furnished.
(c) Opportunity shall be afforded all parties to respond, appear and presentĀ evidence and argument on all issues involved.
(d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, or consent order.
(e) Oral proceedings or any part thereof shall be transcribed on request ofĀ any party at the expense of such party.
(f) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(g) Unless otherwise provided by any law, agencies may place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing and of his responsibility to request the hearing.
L.1968, c. 410, s. 9.
Ā
(a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
(b) The notice shall include in addition to such other information as may beĀ deemed appropriate:
(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.Ā If the agency orĀ other party is unable to state the matters in detail at the time the notice isĀ served, the initial notice may be limited to a statement of the issuesĀ involved.Ā Thereafter upon application a more definite and detailed statementĀ shall be furnished.
(c) Opportunity shall be afforded all parties to respond, appear and presentĀ evidence and argument on all issues involved.
(d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, or consent order.
(e) Oral proceedings or any part thereof shall be transcribed on request ofĀ any party at the expense of such party.
(f) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(g) Unless otherwise provided by any law, agencies may place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing and of his responsibility to request the hearing.
L.1968, c. 410, s. 9.
Ā
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