Section 792.10133. Final decisions and orders.

Rule 133. (1) Except where a controlling statute mandates the period for issuing final decisions or orders, an administrative law judge with final decision authority shall issue a final decision within a reasonable period of time. The final decision shall be in writing or stated on the record. A written final decision shall include separate sections entitled “findings of fact” and “conclusions of law.” Findings of fact set forth in statutory language shall include a concise statement of the underlying supporting facts. Findings of fact shall be based exclusively on the evidence. If a party submits proposed findings of fact that would control the decision or order, the decision or order shall include a ruling on each proposed finding. Each conclusion of law shall be supported by authority or reasoned opinion.

(2)   A decision or order shall be based on the record as a whole or a portion of the record. A decision or order shall be supported by competent, material, and substantial evidence.

(3)   A copy of the decision or order shall be delivered or mailed on the date it is entered and issued to each party and any authorized representatives or attorneys of record.

History: 2015 AACS.