Current through Register Vol. 30, No. 38, September 20, 2024
A. In a contested case, the parties shall be
afforded an opportunity for hearing after reasonable notice. The notice shall
be given at least 20 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 a 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
the issues involved.
D. The Board may
dispose of any contested case by decision or approved stipulation, agreed
settlement, consent agreement or by default.
E. A hearing
before a hearing body in a contested case 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 Board.
F. The Board or
the presiding officer may reschedule the hearing, maintaining due regard for
the interests of justice and the orderly and prompt conduct of the
proceedings.
G. The record in
a contested case shall include:
1. All
pleadings, motions and interlocutory rulings.
2. Evidence received or considered, including
confidential evidence received in executive session.
3. A statement of matters officially
noticed.
4. Objections and offers
of proof and rulings thereon.
5.
Proposed findings of fact, conclusions of law and and recommendations of the
hearing body.
6. All
staff memoranda, other than privileged communications, or data submitted to the
hearing body in connection with its consideration of the case.
7. A
victim impact statement, if submitted by the victim.
H. Findings of
fact shall be based exclusively on the evidence and on matters officially
noticed.
