Section 324.74. Final decisions; evidence; date; basis for overturning proposal for decision; record for judicial review.

Rule 74.  (1)  Review of a proposal for decision by  the  final  decision maker shall be restricted to the record made at the hearing and the exceptions and arguments submitted by the parties. Issues  not  raised in  the  written exceptions and arguments shall not be considered at oral argument. The final decision maker shall not accept additional testimony or exhibits.

(2)   Except as otherwise provided by law, the final decision maker shall issue a final agency decision within a reasonable time after the  date  for  filing  of  any exceptions or, if oral argument is permitted,   a    reasonable time  after argument.

(3)    The final decision maker may remand, reverse, modify, or set aside a proposal for decision and make a final decision which differs from the proposal for decision. The final decision maker shall consider whether the proposal for decision is deficient due to any of the following:

(a)   Misapplied a rule, statute, or constitutional provision governing the issues involved.

(b)   Adopted an incorrect interpretation of a rule or statute or an incorrect conclusion of law.

(c)   Incorporated typographical, mathematical, or other  obvious  errors that affect the substantial rights of 1 or all of the parties to the action.

(d)  Failed to address a relevant issue.

(e)   Made factual findings inconsistent with the evidentiary record.

(f)    Improperly excluded or included evidence  that   substantially  affects   the outcome of the case.

(4)    The final decision maker's order shall include findings of fact and conclusions of law pursuant to section 85 of the act.  The  final decision maker may adopt the proposal for decision or any part of  it   as the final agency decision.

(5)   The final agency decision in a contested case is the exhaustion of administrative remedies as set forth in section 301 of the act.

History: 2003 AACS.