Contested cases: notice; hearing; records.
A. In a contested case, all parties shall be afforded opportunity for hearing. After reasonable notice, the hearing shall be conducted by the Town Board or a hearing officer appointed by the Town Board.B. The notice shall include:(1) A statement of the time, place and nature of the hearing;(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;(3) A reference to the particular sections of the statutes and rules involved;(4) A short and plain statement of the matters asserted. If the Sewer District or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved.
Thereafter, upon application, a more definite and detailed statement shall be furnished.C. Unless precluded by law, informational disposition may be made of any contested case by stipulation, agreement, settlement, consent order or default.D. The record in a contested case shall include:(1) All pleadings, motions, and intermediate rulings;(2) Evidence received or considered;(3) A statement of matters officially noticed;(4) Questions and offers of proof, objections, and rulings thereon;(5) Proposed findings and exceptions;(6) Any decision, opinion or report by the officer presiding at the hearing;(7) All staff memoranda or data submitted to the hearing officer or members of the Town Board in connection with their consideration of the case.E.
Oral proceedings or any part thereof shall be transcribed on request of any party and paid for by the requesting party.F. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
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