§ 25-15-208 — Administrative adjudication - Procedures generally

(a) In every case of adjudication: (1) All parties shall be afforded an opportunity for hearing after reasonable notice; (2) The notice shall include: (A) A statement of the time, place, and nature of the hearing; (B) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (C) A short and plain statement of the matters of fact and law asserted; (3) In every case of adjudication wherein an agency seeks to revoke, suspend, or otherwise sanction a license or permit holder, the agency or its attorney, upon the request of the license or permit holder, must provide the following information prior to conducting a hearing of adjudication: (A) The names and addresses of persons whom the agency intends to call as witnesses at any hearing; (B) Any written or recorded statements and the substance of any oral statements made by the license or permit holder, or a copy of the same; (C) Any reports or statements of experts, made in connection with the particular case, including results of physical or mental examinations, scientific tests, experiments, or comparisons, or copies of the same; (D) Any books, papers, documents, photographs, or tangible objects which the agency intends to use in any hearing or which were obtained from or belong to the license or permit holder, or copies of the same; (E) Disclosure shall not be required of research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents; (4) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved; (5) The record shall include: (A) All pleadings, motions, and intermediate rulings; (B) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (C) A statement of matters officially noticed; (D) Offers of proof, objections, and rulings thereon; (E) Proposed findings and exceptions thereto; and (F) All staff memoranda or data submitted to the hearing officer or members of an agency in connection with their consideration of the case; (6) Findings of fact shall be based exclusively on the evidence and on matters officially noticed; (7) (A) If the agency is authorized by law to issue subpoenas for the attendance and testimony of witnesses and the production of documents or things, then any party shall to the same extent be so authorized, and the agency shall issue a subpoena forthwith on written application thereof. (B) A subpoena may be served in the manner as now provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee. (b) Nothing in this subchapter shall prohibit informal disposition by stipulation, settlement, consent order, or default.

Legislative History

Acts 1967, No. 434, § 8; A.S.A. 1947, § 5-708; Acts 1993, No. 1083, § 1; 2011, No. 717, § 1.