Title 50, Chapter 13, Section 41
( 50-13-41)
(a)(1) Whenever a state agency authorized by law to determine
contested cases initiates or receives a request for a hearing in a
contested case which is not presided over by the agency head or
board or body which is the ultimate decision maker, the hearing
shall be conducted by the Office of State Administrative Hearings,
and such hearings shall be conducted in accordance with the
provisions of this chapter and the rules and regulations
promulgated under this article. (2) An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section 50-13-13. (b) An administrative law judge shall have all the powers of the referring agency with respect to a contested case. Subpoenas issued by an administrative law judge shall be enforced in the manner set forth in paragraph (7) of subsection (a) of Code Section 50-13-13. Nothing in this article shall affect, alter, or change the ability of the parties to reach informal disposition of a contested case in accordance with paragraph (4) of subsection (a) of Code Section 50-13-13. (c) Within 30 days after the close of the record, an administrative
law judge shall issue a decision to all parties in the case except
when it is determined that the complexity of the issues and the
length of the record require an extension of this period and an
order is issued by an administrative law judge so providing. Every
decision of an administrative law judge shall contain findings of
fact, conclusions of law, and a recommended disposition of the case. (d) Except as otherwise provided in this article, in all cases every decision of an administrative law judge shall be treated as an initial decision as set forth in subsection (a) of Code Section 50-13-17, including, but not limited to, the taking of additional testimony or remanding the case to the administrative law judge for such purpose. On review, the reviewing agency shall consider the whole record or such portions of it as may be cited by the parties. In reviewing initial decisions by the Office of State Administrative Hearings, the reviewing agency shall give due regard to the administrative law judge's opportunity to observe witnesses. If the reviewing agency rejects or modifies a proposed finding of fact or a proposed decision, it shall give reasons for doing so in writing in the form of findings of fact and conclusions of law. (e)(1) A reviewing agency shall have a period of 30 days following
the entry of the decision of the administrative law judge in which
to reject or modify such decision. If a reviewing agency fails to
reject or modify the decision of the administrative law judge
within such 30 day period, then the decision of the administrative
law judge shall stand affirmed by the reviewing agency by
operation of law. (2) A reviewing agency may prior to the expiration of the review
period provided for in paragraph (1) of this subsection extend
such review period by order of the reviewing agency in any case
wherein unusual and compelling circumstances render it
impracticable for the reviewing agency to complete its review
within such period. Any such order shall recite with
particularity the circumstances which render it impracticable for
the reviewing agency to complete its review within such review
period. Any such extension by the reviewing agency shall be for a
period of time not to exceed 30 days. Prior to the expiration of
the extended review period, the review period may be further
extended by further order of the reviewing agency for one
additional period not to exceed 30 days if unusual and compelling
circumstances render it impracticable to complete the review
within the extended review period. Such further order further
extending the review period shall likewise recite with
particularity the circumstances which render it impracticable for
the reviewing agency to complete its review within the review
period as previously extended. If a reviewing agency fails to
reject or modify the decision of the administrative law judge
within the extended review period, then the decision of the
administrative law judge shall stand affirmed by the reviewing
agency by operation of law. (3) An agency may provide by rule that proposed decisions in all
or in specified classes of cases before the Office of State
Administrative Hearings will become final without further agency
action and without expiration of the 30 day review period
otherwise provided for in this subsection. |