§75-309. Individual proceedings – Notice – Hearing.
A. In an individual proceeding, all parties shall be afforded an opportunity for hearing after reasonable notice. 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 […]
§75-321. Review without jury – Additional testimony.
The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency, not shown in the record, testimony thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. […]
§75-310. Procedures before agency.
In individual proceedings: 1. Agencies may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law in respect to: self-incrimination; confidential communications between husband and wife during the subsistence of […]
§75-322. Setting aside, modifying or reversing of orders – Remand – Affirmance.
(1) In any proceeding for the review of an agency order, proceeding for the review of an agency order, the Supreme Court or the district court, as the case may be, in the exercise of proper judicial discretion or authority, may set aside or modify the order, or reverse it and remand it to the […]
§75-311. Proposed orders.
A. Except as otherwise provided by Section 311.1 of this title, if the administrative head of an agency has not heard the case or read the record of an individual proceeding, a final agency order adverse to a party shall not be made until a proposed order is served upon the party, and an opportunity […]
§75-323. Review of final judgment of a district or superior court by appeal to Supreme Court.
An aggrieved party, or the agency, without any motion for a new trial, may secure a review of any final judgment of a district or superior court under this act by appeal to the Supreme Court. Such appeal shall be taken in the manner and time provided by law for appeal to the Supreme Court […]
§75-311.1. Department of Health – Final agency orders – Authority.
A. The Commissioner of the State Department of Health may delegate the authority to issue a final agency order adverse to a party to an agency administrative law judge if: 1. The administrative law judge has a general knowledge of the Public Health Code, and rules promulgated thereto; 2. The administrative law judge: a.is currently […]
§75-311.2. Civil Service Director of the Office of Management and Enterprise Services – Delegation of authority to agency administrative law judge.
A. The Civil Service Director of the Office of Management and Enterprise Services may delegate the authority to issue a final agency order adverse to a party to an agency administrative law judge if: 1. The administrative law judge has a general knowledge of the Civil Service and Human Capital Modernization Act and rules promulgated […]
§75-312. Final agency orders – Contents – Notification.
A. A final agency order adverse to a party shall: 1. Be in writing; and 2. Include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with […]
§75-313. Agency members not to communicate.
Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an individual proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, […]