41-1092. Definitions In this article, unless the context otherwise requires: 1. " Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable […]
41-1092.01. Office of administrative hearings; director; powers and duties; fund A. An office of administrative hearings is established. B. The governor shall appoint the director pursuant to section 38-211. At a minimum, the director shall have the experience necessary for appointment as an administrative law judge. The director also shall possess supervisory, management and administrative […]
41-1092.02. Appealable agency actions; application of procedural rules; exemption from article A. This article applies to all contested cases as defined in section 41-1001 and all appealable agency actions, except contested cases with or appealable agency actions of: 1. The state department of corrections. 2. The board of executive clemency. 3. The industrial commission of […]
41-1092.03. Notice of appealable agency action or contested case; hearing; informal settlement conference; applicability A. Except as provided in subsection D of this section, an agency shall serve notice of an appealable agency action or contested case pursuant to section 41-1092.04. The notice shall: 1. Identify the statute or rule that is alleged to have […]
41-1092.04. Service of documents Unless otherwise provided in this article, every notice or decision under this article shall be served by personal delivery or certified mail, return receipt requested, or by any other method reasonably calculated to effect actual notice on the agency and every other party to the action to the party’s last address […]
41-1092.05. Scheduling of hearings; prehearing conferences A. Except as provided in subsections B and C, hearings for: 1. Appealable agency actions shall be held within sixty days after the notice of appeal is filed. 2. Contested cases shall be held within sixty days after the agency’s request for a hearing. B. Hearings for appealable agency […]
41-1092.06. Appeals of agency actions and contested cases; informal settlement conferences; applicability A. If requested by the appellant of an appealable agency action or the respondent in a contested case, the agency shall hold an informal settlement conference within fifteen days after receiving the request. A request for an informal settlement conference shall be in […]
41-1092.07. Hearings A. A party to a contested case or appealable agency action may file a nonperemptory motion with the director to disqualify an office administrative law judge from conducting a hearing for bias, prejudice, personal interest or lack of technical expertise necessary for a hearing. B. The parties to a contested case or appealable […]
41-1092.08. Final administrative decisions; review; exception A. The administrative law judge of the office shall issue a written decision within twenty days after the hearing is concluded. The written decision shall contain a concise explanation of the reasons supporting the decision, including the findings of fact and conclusions of law. The administrative law judge shall […]
41-1092.09. Rehearing or review A. Except as provided in subsection B of this section: 1. A party may file a motion for rehearing or review within thirty days after service of the final administrative decision. 2. The opposing party may file a response to the motion for rehearing within fifteen days after the date the […]
41-1092.10. Compulsory testimony; privilege against self-incrimination A. A person may not refuse to attend and testify or produce evidence sought by an agency in an action, proceeding or investigation instituted by or before the agency on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the […]
41-1092.11. Licenses; renewal; revocation; suspension; annulment; withdrawal A. If a licensee makes timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the […]
41-1092.12. Private right of action; recovery of costs and fees; definitions A. If an agency takes an action against a party that is arbitrary, capricious or not in accordance with law, the action is an appealable agency action if all of the following apply: 1. Within ten days after receiving notification of the action that […]
