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§42-35-9  Contested cases – Notice – Hearing – Records. –

Published: 2015

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State Affairs and Government


Administrative Procedures

SECTION 42-35-9

   § 42-35-9  Contested cases – Notice

– Hearing – Records. –

(a) In any contested case, all parties shall be afforded an opportunity for a

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 the particular sections of the statutes

and rules involved;

   (4) A short and plain statement of the matters inserted. 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 and detailed statement shall be furnished.

   (c) Opportunity shall be afforded all parties to respond and

present evidence and argument on all issues involved.

   (d) Unless precluded by law, informal disposition may be made

of any contested case by stipulation, agreed settlement, consent order, or


   (e) The record in a contested case shall include:

   (1) All pleadings, motions, intermediate rulings;

   (2) Evidence received or considered;

   (3) A statement of matters officially noticed;

   (4) Questions and offers of proof and rulings thereon;

   (5) Proposed findings and exceptions;

   (6) Any decision, opinion, or report by the officer presiding

at the hearing;

   (7) All staff memoranda or data submitted to the hearing

officer or members of the agency in connection with their consideration of the


   (f) Oral proceedings or any part thereof conducted under the

provisions of this chapter shall be transcribed on request by any party.

Stenotypists occupying positions within the state service as hearing reporters

for any state agency, who report stenographically the proceedings in

administrative hearings and the taking of depositions in their capacity as

reporters for a state agency, shall be paid at the rate established by §

8-5-5 from the requesting party; provided, however, the state agency shall not

be required to compensate the stenotypists for the transcript.

   (g) Findings of fact shall be based exclusively on the

evidence and matters officially noticed.

History of Section.

(G.L. 1956, § 42-35-9; P.L. 1962, ch. 112, § 1; P.L. 1979, ch. 370,

§ 1; P.L. 1981, ch. 424, § 1.)