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Apodaca v. State

8/29/1994

limitations on a hearing officer's conduct of a revocation hearing. See . Compare, e.g., ) (administrative law Judge (ALJ) is required to inquire fully into each issue; this duty is especially important when a party appears without counsel; ALJ must probe into and explore for all relevant facts) and ) (administrative agency's trial examiner has the right to cross-examine witnesses to ensure that the facts are clearly and fully developed), cert. denied, 397 U.S. 990, 25 L. Ed. 2d 397, 90 S. Ct. 1122 (1970), and cert. denied, 401 U.S. 912, 27 L. Ed. 2d 811, 91 S. Ct. 879 (1971) with Davis v. Wood, 427 A.2d 332, 337 (R.I. 1981) (hearing officer "must not attempt to establish proof to support the position of any party") and Bruteyn v. State Dental Council & Examining Bd., 32 Pa. Commw. 541, 380 A.2d 497, 502 (Pa. Commw. Ct. 1977) (attorney cannot both prosecute the case and advise the tribunal).


We affirm the district court's decision.


IT IS SO ORDERED.


HARRIS L HARTZ, Judge


WE CONCUR:


THOMAS A. DONNELLY, Judge


BENNY E. FLORES, Judge




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