[Previous] [Next]

§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.
   

[Previous] [Next]