Section 325.21922. Proposal for decision and final order.


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  • (1) Following the conclusion of a hearing, the hearing officer, if other than the director, shall deliver to the department the official case file and his or her proposal for decision. The department shall serve the proposal for decision upon the parties by registered or certified mail or personal service, and each party shall have 10 days from the date of service of the proposal for decision to file exceptions or present written arguments to the department.

    (2)   Following review of the record or the proposal for decision and exceptions thereto,   if  any,  the  department   shall  issue    an    order    stating   the  findings  of   fact,

    conclusions  of  law,  and   the  final  order   or  an    order  for   further  proceedings.   The department shall serve copies of the  order upon all parties.

    (3)   If no exceptions are filed, the proposal for decision shall become the final order of the department, unless the director issues his or her order within 90 days from the date  of  service  of the proposal for decision.

History: 1981 AACS.