ADRE LAW BOOK 2025

2. Any part of the subject matter involved is situated. 3. Any part of the transaction giving rise to the proceedings before the agency occurred. 12-906. Service of process In an action to review the decision of an administrative agency, a copy of the notice of appeal shall be served pursuant to rule 4 of the rules of civil procedure, on the agency at its principal office and on all other parties to the proceeding before the agency. 12-907. Appearance of parties to the appeal Within twenty days after service of the notice of appeal, the appellee agency and all other appellees shall file a notice of appearance in response to the notice of appeal. All subsequent filings shall be made as provided by section 12-914. 12-908. Parties A. In an action to review a final decision of an administrative agency, the agency and all persons, other than the appellant, who are parties of record in the proceedings may appear in the proceed ings before the superior court as appellees. B. If the administrative hearing is held before the office of administrative hearings, the office of administrative hearings is not a party of record in the proceedings and is not to be named as a party in the notice of appeal or to appear as a party in the appellate proceedings before the court unless otherwise required by law or order of the court. For the purposes of this section, the office of administrative hearings includes the director of the office of administrative hearings and the administrative law judge. 12-909. Pleadings and record on review A. The notice of appeal shall contain a statement of the findings and decision or part of the findings and decision sought to be reviewed. B. Notwithstanding section 12-904, subsection B, by order of the court or by stipulation of all par ties to the action, the record may be shortened or supplemented. C. If the cause is remanded to the administrative agency and a review thereafter is sought of the administrative decision, the original and supplemental record, or so much thereof as is determined by court order or stipulation of all the parties, shall constitute the record on review. 12-910. Scope of review A. An action to review a final administrative decision shall be heard and determined with conve nient speed. If requested by a party to an action within thirty days after filing a notice of appeal, the court shall hold an evidentiary hearing, including testimony and argument, to the extent necessary to make the determination required by subsection F of this section. The court may hear testimony from witnesses who testified at the administrative hearing and witnesses who were not called to testify at the administrative hearing. B. Relevant and admissible exhibits and testimony that were not offered during the administrative hearing shall be admitted, and objections that a party failed to make to evidence offered at the ad ministrative hearing shall be considered, unless either of the following is true: 1. The exhibit, testimony or objection was withheld for purposes of delay, harassment or other improper purpose.

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