(a) After the time for filing exceptions and replies
to exceptions has expired, the Commission shall consider the hearing
officer's report and the proposal for decision. The Commission may
adopt the proposal for decision, modify and adopt it, reject it and
issue a Commission decision, or remand the matter to the hearing officer.
The Commission shall issue its decision within 60 calendar days of
the end of the exceptions period. The hearing officer may extend the
period in which the decision may be signed and prepare the decision
for the Commission.
(b) A Commission decision that is adverse to one or
more parties shall be in writing and signed after a majority vote
of the Commission. Such a decision shall include findings of fact
and conclusions of law separately stated. Findings of fact, if set
forth in statutory language, shall be accompanied by a concise and
explicit statement of the underlying facts supporting the findings.
Findings of fact shall be based exclusively on the evidence and on
matters officially noticed.
(c) The Agency shall notify each party to a contested
case of any decision or order of the Commission by using at least
one of the following methods of service:
(1) personal service;
(2) if agreed to by the party to be notified, service
by electronic means sent to the current email address or facsimile
number of the party's attorney of record or of the party if the party
is not represented by counsel; or
(3) first-class, certified, or registered mail sent
to the last known address of the party's attorney of record or of
the party if the party is not represented by counsel.
(d) A Commission decision becomes final:
(1) if a motion for rehearing is not filed on time,
on the expiration of the period for filing a motion for rehearing;
(2) if a motion for rehearing is filed on time, on
the date:
(A) the order overruling the latest filed motion for
rehearing is signed; or
(B) the latest filed motion for rehearing is overruled
by operation of law;
(3) if the Commission finds that an imminent peril
to the public health, safety, or welfare requires immediate effect
of a decision on the date the decision is signed, provided that the
Commission incorporates in the decision a factual and legal basis
establishing such imminent peril; or
(4) on the date specified in the decision for a case
in which all parties agree to the specified date in writing or on
the record, if the specified date is not before the date the decision
is signed or later than the 20th day after the date the decision was
issued.
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