US Laws, Codes, Statutes & Cases

 
    §  1046.  Adjudication.  Where  an  agency is authorized to conduct an
  adjudication, it shall  act,  at  a  minimum,  in  accordance  with  the
  provisions  set  forth below. The parking violations bureau shall not be
  subject to the requirements of this section.
    a. Notice. All parties  shall  be  given  reasonable  notice  of  such
  hearing, which shall include:
    1.  a statement of the nature of the proceeding and the time and place
  it will be held, if applicable;
    2. a statement of the legal authority and jurisdiction under which the
  hearing is to be held, and a reference to the particular sections of the
  law and rules involved; and
    3. a short and plain statement  of  the  matters  to  be  adjudicated,
  including reference to the particular sections of law and rule involved.
    b.  Notice  of agency procedures. Agencies shall adopt rules governing
  agency procedures for adjudications and appeals. Agencies shall  make  a
  copy  of  any  such  rule  available, upon request, to any party who has
  received notice of violation of the laws, rules or  orders  enforced  by
  the agency.
    c.  Hearing.  1.  All  parties  shall be afforded an opportunity for a
  hearing within a reasonable time. At the hearing the  parties  shall  be
  afforded due process of law, including the opportunity to be represented
  by  counsel, to issue subpoenas or request that a subpoena be issued, to
  call witnesses, to cross-examine opposing witnesses and to present  oral
  and written arguments on the law and facts. Adherence to formal rules of
  evidence  is  not required. No ex parte communications relating to other
  than ministerial matters regarding a proceeding shall be received  by  a
  hearing  officer,  including internal agency directives not published as
  rules.
    2. Findings of fact shall be based exclusively on the  record  of  the
  proceeding  as  a  whole.  Except  as otherwise provided for by state or
  local law, the party commencing the adjudication shall have  the  burden
  of proof.
    3.  The  hearing  shall  be  transcribed or recorded and a copy of the
  transcript or record, or any part thereof, shall be  made  available  to
  any party to the hearing upon request therefor. A typed or recorded copy
  of such transcript shall be provided upon request for a reasonable cost.
    d. Informal disposition. Unless precluded by law, informal disposition
  may  be  made  of  any matter which is the subject of an adjudication by
  methods  of  alternative   dispute   resolution,   stipulation,   agreed
  settlement, or consent order.
    e.  Hearing  officer. Except as otherwise provided for by this charter
  the  person  presiding  at  a  hearing  shall  be  assigned  solely   to
  adjudicative and related duties. Except as otherwise provided for by the
  rules  of  the agency, such hearing officer shall make final findings of
  fact and shall not make any final decision, determination, or order, but
  shall only recommend such, and shall forward such recommendation and the
  record of the adjudication to the  agency,  who  may  adopt,  reject  or
  modify any such recommended decision, determination or order.
    f.   Recommendation  or  decision.  Any  recommended  decision,  final
  decision, determination or order shall be in writing, or stated  in  the
  record  if  the  parties are present, and shall include findings of fact
  and conclusions of law. A copy  of  any  written  recommended  decision,
  final  decision,  determination,  or  order shall be delivered or mailed
  forthwith to each party.