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§75-311.
§75-311.
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 is afforded to the party to file exceptions
and present briefs and oral argument to the administrative head who is
to render the final agency order. The proposed order shall be
accompanied by a statement of the reasons therefor and of each issue
of fact or law necessary to the proposed order, prepared by the
hearing examiner or by one who has read the record.
B. Such proposed order shall be served upon the parties at least
fifteen (15) days prior to a hearing or meeting at which the
administrative head is to consider or render a decision on the
proposed order. At such hearing or meeting, the parties shall be
afforded an opportunity to present briefs and oral arguments
concerning the proposed order.
C. The parties by written stipulation may waive compliance with this
section.
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