|(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
(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
(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.