Sec. 16.02.05.03. Exceptions

A. Time for Filing. Exceptions to a proposed decision and order shall be filed with the Secretary within 21 days after the proposed decision and order is issued.

B. Form and Contents. All exceptions shall:

(1) Be in writing;

(2) Identify each portion of the proposed decision to which exception is taken; and

(3) Contain a concise statement of the asserted basis for taking the exception.

C. Service. A copy of the exceptions shall be served on all parties.

D. Argument.

(1) All parties shall be afforded the opportunity to present written argument to the Secretary.

(2) The Secretary may conduct an exceptions hearing for the purpose of hearing oral argument. The length of any argument may be limited at the Secretary's discretion.

E. Review Limited to Hearing Record.

(1) The Secretary's review and consideration of exceptions shall be limited to the record.

(2) At an exceptions hearing:

(a) Additional evidence may not be introduced; and

(b) Additional witnesses may not be heard by the Secretary.

F. Reference to Hearing Evidence.

(1) If a party intends to refer to any evidence produced at the hearing, the party shall notify the Department of the specific evidence in its request for exceptions.

(2) That party is responsible for filing with the Secretary a copy of the transcript of the hearing, or relevant portions of it, at that party's expense, at least 5 days before the scheduled exceptions hearing, if a hearing is to be held.

(3) If all parties agree, a stipulation of facts may be submitted instead of a transcript.

G. Decision.

(1) The Secretary shall consider all exceptions timely filed before rendering a final decision.

(2) The Secretary shall adopt a final decision and an order as soon as possible after exceptions have been filed and argument presented.