|(a) In a contested case, if a majority of the Commissioners
have not heard the case or read the record, the decision, if adverse
to a party other than the Commission, may not be made until:
(1) a proposal for decision is served on each party;
(2) an opportunity is afforded to each adversely affected
party to file exceptions and present briefs to the Commission.
(b) The proposal for decision must contain a statement
of the reasons for the proposed decision and of each finding of fact
and conclusion of law necessary to the proposed decision, prepared
by the person who conducted the hearing or by one who has read the
(c) The parties may waive the requirements of subsections
(a) and/or (b) of this section by written stipulation.
(d) The examiner may direct a party to draft and submit
proposed findings of fact and conclusions of law. The examiner may
limit the request for proposed findings or conclusions to any particular
issue or issues of fact. The party's proposed findings of fact and
conclusions of law shall be supported by concise and explicit statements
of underlying facts developed from the record with specific record
references. If the examiner requires the filing of proposed findings
of fact or conclusions of law, the Commissioners shall rule on each
proposed finding and conclusion. If the examiner permits but does
not require a party to submit proposed findings of fact or conclusions
of law, a ruling on the proposed findings or conclusions is not required.
(e) When a proposal for decision is issued, a copy
of the proposal shall be served promptly on each party or its authorized
(f) An examiner may amend or correct a previously served
proposal for decision or proposed order and shall serve the amendment
or correction on the parties. Exceptions and replies are not permitted
in response to a clerical or typographical correction. When substantive
amendments are necessary prior to presentation at conference, an examiner
shall specify the time period for the filing of exceptions and replies.
Amendments adopted by the Commission shall be noted with specificity
in the Commission's final order.