Current through Reg. 49, No. 38; September 20, 2024
(a) Proposed
findings of fact and conclusions of law. The ALJ may invite parties to file
briefs. Such briefs, if solicited, may contain proposed findings of fact and
conclusions of law. Findings of fact and conclusions of law submitted may be
adopted by the ALJ in the proposal for decision. Neither the ALJ nor the final
decision-maker need rule on any proposed findings of fact and conclusions of
law.
(b) Proposal for decision.
(1) The ALJ shall prepare the proposal for
decision and provide copies to all parties.
(2) Each party having the right and desire to
file exceptions and briefs shall file them with the ALJ and the commissioner
within 20 days after the date of the proposal for decision.
(3) Parties desiring to do so shall file
written replies and briefs to these exceptions and briefs with the ALJ and the
commissioner within 15 days after the date of the exceptions.
(4) All exceptions and replies to them shall
be succinctly stated.
(5) Failure
to reply or except may be construed as agreement with the proposal or
exceptions.
(c)
Reopening of hearing for new evidence.
(1) The
commissioner may reopen a hearing where new evidence is offered which was
unobtainable or unavailable at the time of the hearing.
(2) The department shall reopen a hearing to
include such new evidence as part of the record if the commissioner deems such
evidence necessary for a proper and fair determination of the case. The
reopened hearing will be limited to only such new evidence.
(3) Notice of any reopened hearing shall be
provided to all previously designated parties, by certified mail, return
receipt requested.
(d)
Final orders or decisions.
(1) The final
order or decision of the department will be rendered by the commissioner or by
the authorized designee of the commissioner.
(2) All final orders or decisions shall be in
writing and shall set forth the findings of fact and conclusions required by
law, either in the body of the order, by attachment, or by reference to an
ALJ's proposal for decision.
(3)
Unless otherwise permitted by statute or by these sections, all final orders
shall be signed by the commissioner, or his designee; however, interim orders
may be issued by the ALJ.
(e) Motion for rehearing. A motion for
rehearing shall be governed by the APA or other pertinent statute and shall be
filed with the commissioner.
(f)
Appeals. All appeals from final department orders or decisions shall be
governed by the APA or other pertinent statute and shall be addressed to the
commissioner.
