Chapter 05. Record, Decision, and Judicial Review

All documents giving rise to the proceeding;

All requests for hearing;

All notices of proceedings;

All prehearing orders;

All questions;

All motions, pleadings, petitions, and requests and the ruling on each;

All briefs and memoranda;

All documentary and tangible evidence received or considered;

A statement of each fact of which official notice is taken;

Each proffer of proof and the ruling on the proffer;

Each objection and the ruling on the objection;

Any staff memorandum submitted to an individual involved in the decision-making process by an official or employee of the Department who is not authorized to participate in the decision-making process;

All matters placed on the record after an ex parte communication;

Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer;

Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer;

Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and

The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording.

Be in writing;

Identify each portion of the proposed decision to which exception is taken; and

Contain a concise statement of the asserted basis for taking the exception.

All parties shall be afforded the opportunity to present written argument to the Secretary.

The Secretary may conduct an exceptions hearing for the purpose of hearing oral argument. The length of any argument may be limited at the Secretary's discretion.

The Secretary's review and consideration of exceptions shall be limited to the record.

At an exceptions hearing:

If a party intends to refer to any evidence produced at the hearing, the party shall notify the Department of the specific evidence in its request for exceptions.

That party is responsible for filing with the Secretary a copy of the transcript of the hearing, or relevant portions of it, at that party's expense, at least 5 days before the scheduled exceptions hearing, if a hearing is to be held.

If all parties agree, a stipulation of facts may be submitted instead of a transcript.

The Secretary shall consider all exceptions timely filed before rendering a final decision.

The Secretary shall adopt a final decision and an order as soon as possible after exceptions have been filed and argument presented.

The Secretary is not bound by an administrative law judge's recommendation, even if no exceptions have been filed.

If exceptions have not been filed and, after reviewing a proposed decision by an administrative law judge, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments from the affected parties on the issues the Secretary is reconsidering.

The Secretary's decision is the final decision of the Department for the purpose of judicial review.

In the event of fraud, mistake, or irregularity, the Secretary may correct a final decision at any time.

A statement of the reasons the stay is sought; and

A statement of the grounds for judicial review.

The Secretary may hold a hearing on the request for a stay or rule on the request without a hearing.

The Secretary may grant the stay subject to the conditions, including security or bond, that the Secretary considers proper.

The party has filed exceptions with the Secretary to the proposed decision; and

The Secretary has rendered a final decision.