Proposal for Decision

Section 166 Section 166.290  Proposal for Decision a)         After the hearing is concluded, the Hearing Officer or when the Hearing Officer is incapacitated or otherwise unable to prepare a proposal for decision a designated Agency employee who has read the record shall file with the Director or the Director's designee and serve upon the parties a proposal for decision based exclusively on: 1)         Evidence and arguments presented during the course of the hearing or otherwise made a part of the record; 2)         Stipulations of fact; and 3)         Matters officially noticed. b)         The Proposal for Decision shall be final in form and dispositive of all issues in the case. c)         The Proposal for Decision shall contain: 1)         A short statement of the nature of the proceedings; 2)         Complete references to the specific statutes or regulations at issue; 3)         A list of exhibits admitted in evidence; 4)         Specific findings on each issue of fact necessary to the proposed decision; 5)         Specific conclusions on each issue of law necessary to the proposed decision based upon the findings of fact and applicable constitutional principles, statutes, and rules or regulations; 6)         An appropriate recommendation for the disposition of the entire contested case including a statement of reasons based upon the findings of fact and conclusions of law; 7)         No substantive finding of fact or conclusion of law nor any recommendation in the proposal for decision shall be binding upon the Director.