§ 42-35-11 - Examination of evidence by agency. - Rhode-island Statutes

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SECTION 42-35-11

§ 42-35-11 Examination of evidence byagency. – (a) Whenever in a contested case a majority of the officials of the agency whoare to render the final decision have not heard the case or read the record,the decision, if adverse to a party to the proceeding other than the agencyitself, shall not be made until a proposal for decision is served upon theparties, and an opportunity is afforded to each party adversely affected tofile exceptions and present briefs and oral argument to the officials who areto render the decision.

(b) The proposal for decision shall contain a statement ofreasons and include the determination of each issue of fact or law necessary tothe proposed decision, prepared by the person who conducted the hearing or onewho has read the record. The parties by written stipulation may waivecompliance with this section.

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-11

SECTION 42-35-11

§ 42-35-11 Examination of evidence byagency. – (a) Whenever in a contested case a majority of the officials of the agency whoare to render the final decision have not heard the case or read the record,the decision, if adverse to a party to the proceeding other than the agencyitself, shall not be made until a proposal for decision is served upon theparties, and an opportunity is afforded to each party adversely affected tofile exceptions and present briefs and oral argument to the officials who areto render the decision.

(b) The proposal for decision shall contain a statement ofreasons and include the determination of each issue of fact or law necessary tothe proposed decision, prepared by the person who conducted the hearing or onewho has read the record. The parties by written stipulation may waivecompliance with this section.

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State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-35 > 42-35-11

SECTION 42-35-11

§ 42-35-11 Examination of evidence byagency. – (a) Whenever in a contested case a majority of the officials of the agency whoare to render the final decision have not heard the case or read the record,the decision, if adverse to a party to the proceeding other than the agencyitself, shall not be made until a proposal for decision is served upon theparties, and an opportunity is afforded to each party adversely affected tofile exceptions and present briefs and oral argument to the officials who areto render the decision.

(b) The proposal for decision shall contain a statement ofreasons and include the determination of each issue of fact or law necessary tothe proposed decision, prepared by the person who conducted the hearing or onewho has read the record. The parties by written stipulation may waivecompliance with this section.