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Document
ART - Assessing ValueAdd Public Purch Procurement 2005
Year Created: 2005
DOCUMENT
POL - Purchasing Manuel 2002
- YEAR CREATED: 2002
- ENTITY TYPE: K-12
- TYPE OF DOCUMENT: POL - Policies/Procedures
The document discusses the procedures and requirements for administrative hearings in the context of agency actions. It states that any pleading, motion, or other paper filed in a case should not be interposed for improper purposes and may be subject to sanctions if it violates these requirements. The record in a case should include all relevant notices, pleadings, motions, evidence, statements of matters officially recognized, objections and rulings, proposed findings and exceptions, and the official transcript.
The agency is responsible for accurately preserving all testimony in the proceeding and providing transcripts upon request. Findings of fact should be based exclusively on the evidence and matters officially recognized. The hearing officer is required to submit a recommended order to the agency and all parties, which includes findings of fact, conclusions of law, interpretation of administrative rules, and recommended penalties if applicable. Parties have the opportunity to submit written exceptions to the recommended order.
The agency may adopt the recommended order as the final order, but it can reject or modify the conclusions of law and interpretation of administrative rules. However, it cannot reject or modify the findings of fact unless there is a determination that they were not based on competent substantial evidence or that the proceedings did not comply with essential requirements of law. The agency may accept the recommended penalty but must provide specific reasons for any reduction or increase.
If the assigned hearing officer becomes unavailable, another hearing officer may be assigned to the case. A hearing officer who is a member of an agency head may participate in formulating the final order after completing their duties as a hearing officer.
The document also mentions specific procedures for applications for licenses or mergers, consumptive use permits, and agency statements that are subject to de novo review. It outlines the requirements for informal proceedings, including giving notice to affected persons, providing an opportunity to present evidence or challenge the agency's action, and maintaining a record of the proceedings.
The document clarifies that informal disposition may be made through stipulation, agreed settlement, or consent order. It also specifies that the section does not apply to agency investigations preliminary to agency action or proceedings involving the substantial interest of students in the State University System.
Additionally, the document introduces the concept of expedited review for conceptual review permits. Upon a motion of a party, these permits can be subject to an expedited review process. If a motion is filed within 15 days, the review process will be expedited.
Overall, the document provides a comprehensive overview of the procedures and guidelines for administrative hearings in agency actions, including the newly introduced concept of expedited review for conceptual review permits.