Sec. 09.01.03.09. Exceptions to the Proposed Order

A. Filing Exceptions.

(1) A party adversely affected by a proposed order shall have 20 days from the postmark date of the proposed order to file exceptions with the administrative unit.

(2) The date of filing exceptions with the administrative unit shall be the date of personal delivery to the unit or the postmark date on mailed exceptions.

B. The exceptions may include a request that the proposed order be modified or reversed, or that the case be remanded for the taking of additional testimony.

C. Upon receipt of exceptions to the proposed order, the administrative unit shall:

(1) Schedule a date, time, and place for a hearing on the exceptions; and

(2) Notify each party at least 20 days before the scheduled date of the date, time, and place of the hearing.

D. By written request to the administrative unit, a party may waive the right to a hearing on the written exceptions.

E. Unless a specific statute or regulation permits the hearing to be held before a panel of members of the unit, a quorum of the administrative unit shall be present at the hearing.

F. At the hearing on exceptions, the presiding officer shall rule on all procedural issues governed by this regulation, and may impose reasonable time limitations.

G. The record before an administrative unit on exceptions shall consist of:

(1) The ALJ's proposed decision;

(2) The proposed order of the administrative unit;

(3) The exceptions filed by the parties and any responses to them;

(4) A copy of the notice to the parties of the hearing on exceptions;

(5) The transcript of the hearing before the ALJ, if filed with an administrative unit under §H of this regulation; and

(6) All documentary evidence admitted into evidence before the ALJ.

H. A party wishing to have the transcript made part of the record, shall at its own expense order the transcript and file three copies of it with the administrative unit at least 10 days before the scheduled date for the hearing on exceptions. If a transcript has already been prepared, the administrative unit shall make the transcript part of the record in the case.

I. If the transcript has not been filed or otherwise made part of the record in the case, the parties at the hearing on exceptions may not refer to any testimony before the ALJ which was not incorporated into the ALJ's findings of fact or conclusions of law.

J. If all parties agree, a stipulation of facts based on the record before the ALJ may be submitted instead of a transcript.

K. Additional evidence may not be introduced unless the party seeking to introduce it demonstrates to the satisfaction of the administrative unit that the new evidence:

(1) Is relevant and material;

(2) Was not discovered before the ALJ hearing; and

(3) Could not have been discovered before the ALJ hearing with the exercise of due diligence.

L. A party wishing to introduce additional evidence before an administrative unit at a hearing on exceptions shall file a written request at least 15 days before the scheduled date of the hearing.