Section 792.10131. Proposals for decision.

(1) When the final decision is made by a person who did not conduct the hearing or review the record, the decision, if adverse to a party other than the agency itself, shall not be made until a proposal for decision is served on the parties and an opportunity is given to each party adversely affected to file exceptions and present written arguments to the person who will

make the final decision. On review of a proposal for decision, the final decision authority shall have all of the powers which it would have if it had presided at the hearing.

(2)   The proposal for decision shall be prepared by a person who conducted the hearing or who has read the complete record. A proposal for decision shall contain findings of fact and conclusions of law and an analysis or rationale for conclusions.

(3)   A decision shall become a final decision in the absence of exceptions or review by an entity with final decision authority.

History: 2015 AACS.