Article 124p. 124

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

witnesses or the production of books, papers, documents

and other pertinent data, upon request of any party

before or during the hearing upon showing of general

relevance. Unless otherwise provided by law, the agency

may, in case of disobedience, invoke the aid of the

Regional

Trial

Court

within

whose

jurisdiction

the

contested case being heard falls. The Court may punish

contumacy or refusal as contempt.

SECTION 14. Decision . — Every decision rendered by

the agency in a contested case shall be in writing and

shall state clearly and distinctly the facts and the law on

which it is based. The agency shall decide each case

within thirty (30) days following its submission. The

parties shall be notified of the decision personally or by

registered mail addressed to their counsel of record, if

any, or to them.

SECTION 15. Finality of Order . — The decision of the

agency shall become final and executory fifteen (15) days

after the receipt of a copy thereof by the party adversely

affected

unless within that period an administrative

appeal or judicial review, if proper, has been perfected.

One motion for reconsideration may be filed, which shall

suspend the running of the said period.

SECTION

16.

Publication

and

Compilation

of

Decisions . — (1) Every agency shall publish and make

available for public inspection all decisions or final orders

in the adjudication of contested cases.

(2) It shall be the duty of the records officer of the

agency or his equivalent functionary to prepare a register

or compilation of those decisions or final orders for use by

the public.

SECTION 17. Licensing Procedure . — (1) When the

grant, renewal, denial or cancellation of a license is

required to be preceded by notice and hearing, the

provisions concerning contested cases shall apply insofar

as practicable.

(2) Except in cases of willful violation of pertinent laws,

rules and regulations or when public security, health, or

safety require otherwise, no license may be withdrawn,

suspended,

revoked or annulled without notice and

hearing.

SECTION 18. Non-expiration of License . — Where the

licensee has made timely and sufficient application for

the renewal of a license with reference to any activity of a

continuing nature, the existing license shall not expire

until the application shall have been finally determined

by the agency.

CHAPTER 4 Administrative Appeal in Contested Cases

SECTION 19. Appeal . — Unless otherwise provided by

law or executive order, an appeal from a final decision of

the agency may be taken to the Department head.

SECTION 20. Perfection of Administrative Appeals . —

(1) Administrative appeals under this Chapter shall be

perfected within fifteen (15) days after receipt of a copy of

the

decision

complained

of

by

the

party

adversely

affected, by filing with the agency which adjudicated the

case a notice of appeal, serving copies thereof upon the

prevailing party and the appellate agency, and paying the

required fees.

(2) If a motion for reconsideration is denied, the

movant shall have the right to perfect his appeal during

the remainder of the period for appeal, reckoned from

receipt of the resolution of denial. If the decision is

reversed on reconsideration, the aggrieved party shall

have fifteen (15) days from receipt of the resolution of

reversal within which to perfect his appeal.

(3) The agency shall, upon perfection of the appeal,

transmit the records of the case to the appellate agency.

SECTION 21. Effect of Appeal . — The appeal shall stay

the decision appealed from unless otherwise provided by

law, or the appellate agency directs execution pending

appeal, as it may deem just, considering the nature and

circumstances of the case.

SECTION 22. Action on Appeal . — The appellate

agency shall review the records of the proceedings and

may,

on

its

own

initiative

or

upon motion, receive

additional evidence.

SECTION 23. Finality of Decision of Appellate Agency .

— In any contested case, the decision of the appellate

agency shall become final and executory fifteen (15) days

after the receipt by the parties of a copy thereof.

SECTION 24. Hearing Officers . — (1) Each agency shall

have such number of qualified and competent members

of the base as hearing officers as may be necessary for

the hearing and adjudication of contested cases.

(2) No hearing officer shall engage in the performance

of prosecuting functions in any contested case or any

factually related case.

SECTION 25. Judicial Review . — (1) Agency decisions

shall be subject to judicial review in accordance with this

chapter and applicable laws.

(2) Any party aggrieved or adversely affected by an

agency decision may seek judicial review.

(3) The action for judicial review may be brought

against the agency, or its officers, and all indispensable

and necessary parties as defined in the Rules of Court.

(4) Appeal from an agency decision shall be perfected

by filing with the agency within fifteen (15) days from

receipt of a copy thereof a notice of appeal, and with the

reviewing court a petition for review of the order. Copies

of the petition shall be served upon the agency and all

parties of record. The petition shall contain a concise

statement of the issues involved and the grounds relied

upon for the review, and shall be accompanied with a

true copy of the order appealed from, together with

copies of such material portions of the records as are

referred to therein and other supporting papers. The

petition shall be under oath and shall show, by stating the

specific material dates, that it was filed within the period

fixed in this chapter.

(5) The petition for review shall be perfected within

fifteen (15) days from receipt of the final administrative

decision. One (1) motion for reconsideration may be

allowed. If the motion is denied, the movant shall perfect

his

appeal

during

the

remaining

period

for appeal

reckoned from receipt of the resolution of denial. If the

decision is reversed on reconsideration, the appellant

shall have fifteen (15) days from receipt of the resolution

to perfect his appeal.

(6) The review proceeding shall be filed in the court

specified by statute or, in the absence thereof, in any

court of competent jurisdiction in accordance with the

provisions on venue of the Rules of Court.

(7) Review shall be made on the basis of the record

taken as a whole. The findings of fact of the agency when

supported by substantial evidence shall be final except

when specifically provided otherwise by law.

SECTION 26. Transmittal of Record . — Within fifteen

(15) days from the service of the petition for review, the

agency shall transmit to the court the original or a

certified copy of the entire records of the proceeding

under review. The record to be transmitted may be

abridged by agreement of all parties to the proceedings.

The court may require or permit subsequent correction or

additions to the record.

Final Provisions

SECTION 27. Repealing Clause . — All laws, decrees,

orders,

rules

and

regulations,

or

portions

thereof,

inconsistent

with

this

Code

are hereby repealed or

modified accordingly.

SECTION 28. Separability Clause . — In the event that

any

of

the

provisions

of

this

Code

is

declared

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