Sec. 31.02.01.09-1. Decision by an Administrative Law Judge  


Latest version.
  • A. Scope. This regulation applies to a contested case where the Office has been delegated authority to conduct a contested case hearing under Regulation .04-1A of this chapter.

    B. Contents. The administrative law judge who hears a case shall submit to the Commissioner a decision that contains whichever of the following were authorized in the Commissioner's delegation of authority to the Office for the case:

    (1) Proposed or final findings of fact;

    (2) Proposed or final conclusions of law;

    (3) Proposed or final findings of fact and conclusions of law; or

    (4) A proposed or final order.

    C. Effect of Regulations, Bulletins, Final Orders, and Preexisting Policies. Except as provided in Regulation .10-2H of this chapter, in making a decision, the administrative law judge is bound by any regulation, bulletin, final order, or settled and preexisting policy of the Commissioner to the same extent that the Commissioner is or would have been bound if the Commissioner were hearing the case.

    D. Distribution of Decision. The Office shall send the administrative law judge's decision directly to the parties and the Commissioner.