Practice question
An agency covered by Book VII relies on a specialized scientific fact outside the submitted evidence to resolve a contested case. The agency may properly take notice of that type of technical fact, but it keeps the decisive material secret and gives the parties no chance to contest it. Which is correct?
- Specialized expertise makes notice to parties unnecessary in every case.
- Technical facts can never be considered by any agency.
- Secrecy becomes lawful whenever it shortens a hearing.
- The parties must prove the material false without ever seeing it.
- The Code permits specified technical notice but requires notification and an opportunity to contest the noticed facts.
Legal references
- EO 292, Book VII Section 12(4): https://lawphil.net/executive/execord/eo1987/eo_292_1987.html
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