§ 1-23-320 — Notice and hearing in contested case; depositions; subpoenas; informal disposition; content of record.

(A) In a contested case, all parties must be afforded an opportunity for hearing after notice of not less than thirty days, except in proceedings before the Department of Employment and Workforce, which are governed by the provisions of Section 41-35-680. (B) The notice must include a: (1) statement of the time, place, and nature of the hearing; (2) statement of the legal authority and jurisdiction under which the hearing is to be held; (3) reference to the particular sections of the statutes and rules involved; (4) 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 must be furnished. (C) A party to these proceedings may cause to be taken the depositions of witnesses within or without the State and either by commission or de bene esse. Depositions must be taken in accordance with and subject to the same provisions, conditions, and restrictions as apply to the taking of like depositions in civil actions at law in the court of common pleas; and the same rules with respect to the giving of notice to the opposite party, the taking and transcribing of testimony, the transmission and certification of it, and matters of practice relating to it apply. (D) The agency hearing a contested case may issue subpoenas in the name of the agency for the attendance and testimony of witnesses and the production and examination of books, papers, and records on its own behalf or, upon request, on behalf of another party to the case. A party to the proceeding may seek enforcement of or relief from an agency subpoena before the Administrative Law Court pursuant to Section 1-23-600(F). (E) Opportunity must be afforded all parties to respond and present evidence and argument on all issues involved. (F) Unless precluded by law, informal disposition may be made of a contested case by stipulation, agreed settlement, consent order, or default. (G) The record in a contested case must include: (1) all pleadings, motions, intermediate rulings, and depositions; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings on the contested case; (5) proposed findings and exceptions; (6) any decision, opinion, or report by the officer presiding at the hearing. (H) Oral proceedings or any part of the oral proceedings must be transcribed on request of a party. (I) Findings of fact must be based exclusively on the evidence and on matters officially noticed.

Legislative History

HISTORY: 1977 Act No. 176, Art. II, SECTION 2; 1983 Act No. 56, SECTION 1; 1993 Act No. 181, SECTION 17; 1998 Act No. 359, SECTION 2; 2008 Act No. 334, SECTION 4, eff June 16, 2008. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, SECTION 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate. Effect of Amendment The 2008 amendment substituted (A) to (I) for (a) to (i) as the subsection designations; in subsection (D), rewrote the second undesignated paragraph relating to enforcement of or relief from an agency subpoena; and made nonsubstantive language changes throughout.