§59-858-209. Compliance with the Administrative Procedures Act.
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A. In the exercise of all powers and the performance of all duties provided in this Code, the Commission shall comply with the procedures provided in the Administrative Procedures Act. Appeals shall be taken as provided in said act.
B. The Commission may designate and employ a hearing examiner or examiners who shall have the power and authority to conduct such hearings in the name of the Commission at any time and place subject to the provisions of this section and any applicable rules or orders of the Commission. No person shall serve as a hearing examiner in any proceeding in which any party to the proceeding is, or at any time has been, a client of the hearing examiner or of any firm, partnership or corporation with which the hearing examiner is, or at any time has been, associated.
No person who acts as a hearing examiner shall act as attorney for the Commission in any court proceeding arising out of any hearing in which he acted as hearing examiner.
C. In any hearing before the Commission, the burden of proof shall be upon the moving party. Added by Laws 1974, c. 121, § 209, operative July 1, 1974. Amended by Laws 1998, c. 60, § 7, eff. Jan. 1, 1999.