This case has been cited 1 times or more.
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2004-07-26 |
TINGA, J, |
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| The opportunity to adduce evidence is essential in the administrative process, as decisions must be rendered on the evidence presented, either in the hearing, or at least contained in the record and disclosed to the parties affected.[88] The requirement that agencies hold hearings in which parties affected by the agency's action can be represented by counsel may be viewed as an effort to regularize this struggle for advantage within a legislative adversary framework.[89] It necessarily follows that if no evidence is procured pertinent to a particular issue, any eventual resolution of that issue on substantive grounds despite the absence of evidence is flawed. Moreover, if the parties did have evidence to counter the ruling but were wrongfully denied the opportunity to offer the evidence, the result would be embarrassing on the adjudicator. | |||||