401 – Licenses.
§ 401. Licenses. 1. When licensing is required by law to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning adjudicatory proceedings apply. For purposes of this act, statutes providing an opportunity for hearing shall be deemed to include statutes providing an opportunity to be heard. 2. When a licensee […]
402 – Electronic Filing of Applications for Certain Business Permits.
§ 402. Electronic filing of applications for certain business permits. 1. Notwithstanding any provision of law to the contrary, a state agency may, by promulgation of regulations, permit an application for a business permit or other license subject to the provisions of this section to be filed with such agency, subscribed and affirmed by the […]
501 – Representation.
§ 501. Representation. Any person compelled to appear in person or who voluntarily appears before any agency or representative thereof shall be accorded the right to be accompanied, represented and advised by counsel. In a proceeding before an agency, every party or person shall be accorded the right to appear in person or by or […]
206 – Overlapping Regulations; Compliance Determinations.
§ 206. Overlapping regulations; compliance determinations. 1. It is the declared policy of this state to protect and encourage jobs, investment and economic activity and to promote the public health, safety and welfare by administering all regulatory requirements imposed by the state in a fair and reasonable manner. 2. Any person subject to a requirement […]
207 – Review of Existing Rules.
§ 207. Review of existing rules. 1. (a) Unless the contrary is specifically provided by paragraph (b) of this subdivision or by another law, any rule which is adopted on or after the effective date of this section shall be reviewed in the calendar year specified in the notice of adoption for the rule, provided […]
301 – Hearings.
§ 301. Hearings. 1. In an adjudicatory proceeding, all parties shall be afforded an opportunity for hearing within reasonable time. 2. All parties shall be given reasonable notice of such hearing, which notice shall include (a) a statement of the time, place, and nature of the hearing; (b) a statement of the legal authority and […]
302 – Record.
§ 302. Record. 1. The record in an adjudicatory proceeding shall include: (a) all notices, pleadings, motions, intermediate rulings; (b) evidence presented; (c) a statement of matters officially noticed except matters so obvious that a statement of them would serve no useful purpose; (d) questions and offers of proof, objections thereto, and rulings thereon; (e) […]
303 – Presiding Officers.
§ 303. Presiding officers. Except as otherwise provided by statute, the agency, one or more members of the agency, or one or more hearing officers designated and empowered by the agency to conduct hearings shall be presiding officers. Hearings shall be conducted in an impartial manner. Upon the filing in good faith by a party […]
304 – Powers of Presiding Officers.
§ 304. Powers of presiding officers. Except as otherwise provided by statute, presiding officers are authorized to: 1. Administer oaths and affirmations. 2. Sign and issue subpoenas in the name of the agency, at the request of any party, requiring attendance and giving of testimony by witnesses and the production of books, papers, documents and […]
305 – Disclosure.
§ 305. Disclosure. Each agency having power to conduct adjudicatory proceedings may adopt rules providing for discovery and depositions to the extent and in the manner appropriate to its proceedings.