Sec. 13b.04.01.25. Delegation of Hearing Authority

A. The Secretary or the Commission, as appropriate, may delegate all or part of the authority to hear a contested case to the Office of Administrative Hearings.

B. Authority to Revoke Delegation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation of authority to hear a contested case.

C. Criteria for Revocation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:

(1) Involve novel or unanticipated factual or legal issues;

(2) Have significant social or fiscal consequences;

(3) Involve policy issues of general applicability; or

(4) Be likely to have precedential value.

D. Procedures for Revocation.

(1) The Secretary or the Commission, as appropriate, shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings. The written notice shall contain a brief statement of the reason for the revocation.

(2) Delegation of authority to hear a contested case may be revoked at any time before the earlier of the:

(a) Issuance of a ruling by the administrative law judge on a substantive issue; or

(b) Taking of oral testimony from the first witness.

(3) The Secretary or the Commission, as appropriate, shall specify whether all or part of the delegation to hear a contested case has been revoked. If only part of the delegation has been revoked, the Secretary or the Commission shall specify in the written notice of revocation the portions of the contested case for which delegation has been revoked.

(4) A decision issued by the Secretary or the Commission, as appropriate, shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record.

E. Procedures upon Revocation.

(1) If the Secretary or the Commission revokes the delegation to hear a contested case, the hearing shall be conducted by the Secretary or the Commission, as appropriate.

(2) As soon as practicable after the conclusion of the hearing and, if required, the filing of post-hearing submissions, the Secretary or the Commission, as appropriate, shall issue a written decision.

(3) The decision shall:

(a) Contain findings of fact, conclusions of law, and the decision or remedy;

(b) Include a short and plain statement of the right to appeal and the available procedures and time limitations for seeking judicial review; and

(c) Be mailed to all parties.