Section 325.22363. Proposal for decision.

(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 director.

(2)  Following review of the record or the proposal for decision and exceptions thereto, if any, the director shall issue  an   order  setting forth findings of fact, conclusions of law, and his or her final order or an order for further proceedings. The department shall serve copies of the director's 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: 2004 AACS.