Sec. 07.01.04.17. Proposed Decision

A. Within 60 calendar days of the filing of the appeal request, the administrative law judge shall issue a proposed decision with a written statement to the parties of the right to:

(1) Seek judicial review; and

(2) File exceptions with the Secretary and specifically request an opportunity to present oral argument.

B. The administrative law judge shall transmit a copy of the proposed decision or the complete administrative record, including the proposed decision, to the Secretary within 5 business days of mailing the proposed decision to the parties.

C. If no party has filed exceptions and, after reviewing the proposed decision, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments on the issues the Secretary is reconsidering.

D. A proposed decision becomes final when the time for filing exceptions has expired unless:

(1) The Secretary decides to review the proposed decision; or

(2) A party files exceptions pursuant to Regulation .18 of this chapter.