52:14B-9 Notice and hearing in contested cases.
9. (a) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
(b)The notice shall include in addition to such other information as may be deemed appropriate:
(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 the particular sections of the statutes and rules involved;
(4)A 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 shall be furnished.
(c)Opportunity shall be afforded all parties to respond, appear and present evidence and argument on all issues involved.
Pre-hearing conferences may be conducted, as prescribed by the director.
Witnesses may be permitted to testify, and motions may be considered, by means of a telephone or video conference call, as prescribed by the director and when the judge finds there is good cause for permitting the witness to testify by telephone or video conference.
(d)Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, or consent order.
(e)Oral proceedings or any part thereof shall be transcribed on request of any party at the expense of such party.
(f)Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(g)Unless otherwise provided by any law, agencies may place on any party the responsibility of requesting a hearing if the agency notifies him in writing of his right to a hearing and of his responsibility to request the hearing.
L.1968, c.410, s.9; amended 2013, c.236, s.1.
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Last modified: October 11, 2016