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 […]
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.
306 – Evidence.
§ 306. Evidence. 1. Irrelevant or unduly repetitious evidence or cross-examination may be excluded. Except as otherwise provided by statute, the burden of proof shall be on the party who initiated the proceeding. No decision, determination or order shall be made except upon consideration of the record as a whole or such portion thereof as […]
307 – Decisions, Determinations and Orders.
§ 307. Decisions, determinations and orders. 1. A final decision, determination or order adverse to a party in an adjudicatory proceeding shall be in writing or stated in the record and shall include findings of fact and conclusions of law or reasons for the decision, determination or order. Findings of fact, if set forth in […]
308 – Streamlined Optional Adjudicatory Proceedings for Small Businesses.
§ 308. Streamlined optional adjudicatory proceedings for small businesses. Unless otherwise prohibited by law, an agency may adopt regulations providing for use at the option of a small business of streamlined adjudicatory proceedings conducted by mail, electronic mail, telephone conference or videoconference. In adopting such regulations, the agency shall: 1. consider the types of programs […]