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4.0603 Authority of Administrative Law Judge.

Cite as [A.S.C.A. § 4.0603 ]

(a) The Administrative Law Judge and judges pro tempore shall have the power to preserve and enforce order during any proceedings, issue subpoenas, administer oaths, compel the attendance of witnesses and the production of books, papers, documents and other evidence, compel the taking of depositions before any designated individual competent to administer oaths, examine witnesses, and to all things conformable to law which may be necessary to enable him effectively to discharge the duties of his office.

(b) The Administrative Law Judge shall have the power and authority to issue process and necessary writs to enforce its own decisions, which shall be known as “administrative ruling”.

(c) The Administrative Law Judge shall have the power and authority to affirm, reverse, modify or remand the decision or order of an agency if it finds that such order or decision is:

(1) outside the range of discretion delegated to the agency by law;

(2) inconsistent with an agency rule, official position, or prior practice, unless the agency explains the inconsistency by stating facts and reasons which demonstrate a rational basis for the inconsistency;

(3) in violation of an applicable statutory provision; or

(4) unsupported by substantial evidence in the agency record. Substantial evidence exists when the agency record, viewed as a whole, would permit a reasonable person to make the finding made by the agency.

History: 1998, PL 25-37; 2004, PL 28-17.