BLAIR LEE III, Acting Governor

2591

THE ISSUES INVOLVED. THEREAFTER UPON APPLICATION A MORE
DEFINITE AND DETAILED STATEMENT SHALL BE FURNISHED.

251A.

IN CONTESTED CASES:

(A) AN AGENCY MAY PROVIDE BY REGULATION FOR
PREHEARING CONFERENCES OR OTHER APPROPRIATE PREHEARING
PROCEDURES.

(E) IN ADDITION TO ANY
PROCEDURE AUTHORIZED BY LAW:

OTHER HEARING AUTHORITY OR

(1) ANY AGENCY HEAD, OFFICIAL, OR EMPLOYEE
AUTHORIZED BY LAW TO HEAR AND DECIDE A CONTESTED CASE MAY,
ON AN AD HOC BASIS, DELEGATE ITS HEARING AUTHORITY TO A
HEARING OFFICER WHO SHALL CONDUCT A HEARING AND SHALL SUE-HIT
WRITTEN FINDINGS OF FACT AND PROPOSED CONCLUSIONS OF LAW TO

THE AGENCY HEAD, OFFICIAL, OR EMPLOYEE. ANY PARTY TO A

CONTESTED CASE MAY, BY TIMELY AND ADEQUATELY EXCEPTING TO

ANY OF THE HEARING OFFICER'S FINDINGS OF FACT OR PROPOSED

CONCLUSIONS OF LAW, COMPEL A DE NOVO HEARING BY THE AGENCY

HEAD, OFFICIAL, OR EMPLOYEE WHO DELEGATED THE AUTHORITY.

(2) ANY AGENCY HEAD, OFFICIAL, OR EMPLOYEE

AUTHORIZED BY LAW TO HEAR AND DECIDE A CONTESTED CASE MAY,

BY RULE AND REGULATION, DELEGATE ITS HEARING AUTHORITY TO A

HEARING OFFICER. IN SUCH CASES, THE HEARING OFFICER SHALL

HEAR AND DECIDE THE CASE AND HIS DECISION SHALL BE THE FINAL

DECISION OF THE AGENCY DELEGATING AUTHORITY.

(C) DISPOSITION MAY BE MADE OF ANY CASE BY
STIPULATION, AGREED SETTLEMENT, CONSENT ORDER, OR DEFAULT,
UNLESS OTHERWISE PRECLUDED BY LAW.

(D) EACH AGENCY SHALL ADOPT RULES
HEARINGS IN CONTESTED CASES.

OF PROCEDURE FOR

252.

In contested cases:

(a) Agencies may admit and give probative effect to
evidence which possesses probative value commonly accepted
by reasonable and prudent men in the conduct of their
affairs. They shall give effect to the rules of privilege
recognized by law. They may exclude incompetent,
irrelevant, immaterial and unduly repetitious evidence.

(b) All evidence, including records and documents in
the possession of the agency, of which it desires to avail
itself, shall be offered and made a part of the record in
the case, and no other factual information or evidence shall
be considered in the determination of the case.
Documentary evidence may be received in the form of copies
or excerpts, or by incorporation by reference.