77-3-40 - Hearing examiners; powers and duties; reports, recommended decisions and orders of examiners; procedures.
§ 77-3-40. Hearing examiners; powers and duties; reports, recommended decisions and orders of examiners; procedures.
(1) The commission is authorized and empowered to employ not more than three (3) hearing examiners to whom the commission may refer such matters as the commission may deem advisable in order to expedite the work of the commission.
(2) The commission may refer any matter requiring a hearing to a hearing examiner for hearing, report and recommendation of an appropriate order or decision thereon by the commission. Subject to the limitations prescribed in this chapter, a hearing examiner to whom a hearing has been referred by order of the commission shall have all the rights, duties, powers and jurisdiction conferred by this chapter upon the commission. The commission may direct any hearing by the hearing examiner to be held in such place or places within the state as may be determined to be in the public interest and as will best serve the convenience of interested parties. Before any hearing examiner enters upon the performance of duties as an examiner, he shall first take, subscribe to and file with the commission an oath similar to the oath required of members of the commission.
(3) In all cases in which a pending proceeding shall be assigned to a hearing examiner, such examiner shall hear and determine the proceedings and submit his recommended order, but, in the event of a petition to the commission to review such recommended order, the hearing examiner shall take no part in such review.
(4) Any report, order or decision recommended by a hearing examiner with respect to any matter referred for hearing shall be in writing and shall set forth separately findings of fact and conclusions of law and shall be filed with the commission. A copy of such recommended order, report and findings shall be served upon the parties who have appeared in the proceeding.
(5) (a) Prior to any recommended decision or order of an examiner, the parties shall be afforded an opportunity to submit, within the time prescribed by order entered in the cause, unless further extended by order of the commission, for the consideration of the examiner, as the case may be, proposed findings of fact and conclusions of law and briefs or, in its discretion, oral arguments in lieu thereof.
(b) Within the time prescribed by the examiner, the parties shall be afforded an opportunity to file exceptions to the recommended decision or order, provided the time so fixed shall be not less than fifteen (15) days from the date of such recommended decision or order. If exceptions are filed, a complete record of the proceedings before the hearing examiner shall be prepared and shall include the ruling upon each requested finding and conclusion or exception.
(c) When no exceptions are filed within the time specified to a recommended decision or order, such recommended decision or order shall become the order of the commission and shall immediately become effective unless the order is stayed or postponed by the commission; provided, the commission may, on its own motion, review any such matter and take action thereon as if exceptions thereto had been filed.
(d) When exceptions are filed, as herein provided, it shall be the duty of the commission to consider the same and, if sufficient reason appears therefor, to grant such review or make such order or hold or authorize such further hearing or proceeding as may be necessary or proper to carry out the purposes of this chapter. The commission, after review, upon the whole record, or as supplemented by a further hearing, shall decide the matter in controversy and make appropriate order or decision thereon. Briefs and oral argument before the commission shall be permitted if requested by any party of record.
(6) The commission may also refer such matters as the commission may deem advisable in order to expedite the work of the commission to any member of the commission for hearing, report and recommendation in accordance with the procedures provided in this section, except that the commission member hearing the matter may participate in any review of his recommended order by the commission.
Sources: Laws, 1983, ch. 467, § 17; Laws, 1991, ch. 370, § 1; Laws, 1992, ch. 417, § 6, eff from and after passage (approved April 29, 1992).