Sec. 14.30.11.24. Final Decision  


Latest version.
  • A. In any matter that has been delegated to the Office of Administrative Hearings or to the Executive Director, the Board, after considering the record and any exceptions, by majority vote, shall:

    (1) Adopt the proposed decision as the final decision of the Board;

    (2) Modify the proposed findings of fact, proposed conclusions of law, or proposed disposition, in whole or in part, and then adopt the modified proposed decision as the final decision of the Board;

    (3) Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or

    (4) Remand the matter for further proceedings.

    B. In any matter that has not been delegated to the Office of Administrative Hearings or the Executive Director, the Board, as soon as practicable after the conclusion of the hearing, shall issue a written decision.

    C. The decision of the Board is the final decision of the agency for purposes of judicial review. Unless the matter is remanded for further proceedings, or a motion for reconsideration is filed, the date of the written decision of the Board is the date of the final decision of the agency for purposes of judicial review.

    D. A final decision shall:

    (1) Be in writing;

    (2) Be served on all parties; and

    (3) Contain:

    (a) Findings of fact and conclusions of law, separately stated;

    (b) An order; and

    (c) A statement of the available procedures and time limitations for review.