Sec. 07.01.04.18. Exceptions

A. Any party may file exceptions with the Secretary within 10 calendar days of receiving the administrative law judge's proposed decision. Receipt of the proposed decision is presumed to occur 3 business days after mailing.

B. Exceptions shall:

(1) Be in writing;

(2) Contain:

(a) A concise statement as to each portion of the administrative law judge's determination to which exception is taken, and

(b) The asserted basis for taking the exception; and

(3) Be served on all parties to the proceedings and the Secretary.

C. All parties shall be afforded the opportunity to submit written argument to the Secretary in support of, or in response to, exceptions.

D. The Secretary may hear oral argument and may limit the time for argument.

E. Argument from the Hearing Record.

(1) In any written or oral argument, a party shall identify specific evidence produced at the hearing before the administrative law judge supporting that party's position.

(2) A party wanting the Secretary to review some or all of the testimony presented at the hearing shall submit, at the party's expense, a copy of the relevant portions of tape or transcript with the party's written argument, not later than 5 calendar days before any scheduled oral argument.

F. Additional and New Evidence.

(1) Additional evidence may only be admitted into the record during the exception process with the agreement of all parties.

(2) Absent agreement and upon a finding that the evidence is material and relevant, the Secretary may remand the case to the administrative law judge to:

(a) Accept the new evidence; and

(b) Prepare and submit a revised proposed decision.