Sec. 28.01.03.09. Final Decision on Exceptions  


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  • A. Time Periods for Issuance of Final Decision.

    (1) If oral argument is held, the Chief ALJ shall issue the final decision within 45 days after conclusion of the argument.

    (2) If written exceptions are filed, but no request for oral argument is made, the Chief ALJ shall issue the final decision within 45 days after the written exceptions were filed.

    (3) If no written exceptions are filed, the Chief ALJ shall issue the final decision within 30 days after the proposed decision was mailed to the parties.

    B. In the written decision, the Chief ALJ may:

    (1) Restore the ALJ to their position without loss of pay;

    (2) Suspend the ALJ without pay for a specified period;

    (3) Demote the ALJ;

    (4) Remove the ALJ from their position; or

    (5) Require that other action be taken as indicated by the findings in the case.