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§75-311. Proposed orders.
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.
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