BLAIR LEE III, Acting Governor

259 3

The findings of fact shall consist of a concise statement of
the conclusions upon each contested issue of fact.] A FINAL
DECISION OR ORDER ADVERSE TO A PARTY IN A CONTESTED CASE
SHALL BE IN WRITING OR STATED IN THE RECORD. A FINAL
DECISION SHALL INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF
LAW, SEPARATELY STATED. FINDINGS OF FACT, IF SET FORTH IN
STATUTORY LANGUAGE, SHALL BE ACCOMPANIED BY A CONCISE AND
EXPLICIT STATEMENT OF THE UNDERLYING FACTS SUPPORTING THE
FINDINGS. IF, IN ACCORDANCE WITH AGENCY RULES, A PARTY
SUBMITTED PROPOSED FINDINGS OF FACT, THE DECISION SHALL
INCLUDE A RULING UPON EACH PROPOSED FINDING. A copy of the
decision and order and accompanying findings and conclusions
shall be delivered or mailed promptly to each party or to
his attorney of record.

254A.

(A) ANY PERSONS, INCLUDING AN AGENCY HEAD, NOT
AUTHORIZED TO PARTICIPATE IN THE DECISIONAL PROCESS OF A
CONTESTED CASE SHALL NOT COMMUNICATE EX PARTE WITH THE
HEARING OFFICER, OR ANY OTHER AGENCY OFFICIAL OR EMPLOYEE
INVOLVED IN THE DECISIONAL PROCESS OF THAT CASE REGARDING
ANY ISSUE OF FACT OR LAW IN THE CASE. THE HEARING OFFICES
OR AGENCY OFFICIALS MAY COMMUNICATE WITH MEMBERS OF AN
ADVISORY STAFF, INCLUDING ANY AGENCY LEGAL COUNSEL, WHO DO
NOT OTHERWISE PARTICIPATE IN THE PROCEEDING.

(E) A HEARING OFFICER, OR AGENCY OFFICIAL OR EMPLOYEE
INVOLVED IN THE DECISIONAL PROCESS OF A CONTESTED CASE WHO
RECEIVES IS PERSONALLY AWARE OF AN EX PARTE COMMUNICATION
IN VIOLATION OF SUBSECTION (A) SHALL PLACE ON THE RECORD ALL
WRITTEN COMMUNICATIONS RECEIVED, A MEMORANDUM STATING THE
SUBSTANCE OF ALL ORAL COMMUNICATIONS RECEIVED, ALL WRITTEN
RESPONSES TO THE COMMUNICATION, AND A MEMORANDUM STATING THE
SUBSTANCE OF ALL ORAL RESPONSES MADE AND SHALL SEND COPIES
OF SUCH COMMUNICATIONS, MEMORANDA, AND RESPONSES TO ALL
PARTIES. ANY PARTY DESIRING TO REBUT THE EX PARTE
COMMUNICATION SHALL BE ALLOWED TO DO SO UPON BEQUEST WITHIN
TEN DAYS AFTER NOTICE OF THE COMMUNICATION. THE HEARING
OFFICES MAY, IF HE DEEMS IT NECESSARY TO ELIMINATE THE
EFFECT OF A PROHIBITED EX PARTE COMMUNICATION: (1) WITHDRAW
FROM THE PROCEEDING; OR (2) TERMINATE THE PROCEEDING WITHOUT
PREJUDICE. WHENEVER THE HEARING OFFICES TERMINATES A
PROCEEDING WITHOUT PREJUDICE, THE ORDER TERMINATING THE
PROCEEDING SHALL SPECIFY THE DATE BY WHICH THE PROCEEDING
MAY BE REINSTITUTED.

255.

(C) THE FILING OF THE PETITION DOES NOT ITSELF STAY
ENFORCEMENT OF THE AGENCY DECISION. EXCEPT AS OTHERWISE
PROVIDED BY LAW, THE AGENCY MAY GRANT, OR THE REVIEWING
COURT MAY ORDER, A STAY UPON APPROPRIATE TERMS.

[(e)] (D) If, before the date set for hearing,
application is made to the court for leave to present
additional evidence on the issues in the case, and it is
shown to the satisfaction of the court that the additional