Decision

No more than 52 days after the complaint was docketed, Department staff will issue a written recommended decision. Parties may appeal the staff recommended decision to the Commissioner by filing an application for appeal including supporting argument within five days from the issue of the staff recommended decision. An opposing party may respond to the appeal within three days of the filing of the appeal. No appeal of a staff recommended decision, or response thereto, filed outside these time limits will be valid, absent a clear and convincing showing of good cause. If no appeal of the staff recommended decision is filed, the Commissioner will review the staff recommended decision and issue an order at the close of the appeal period. If an appeal is filed, the Commissioner will review the staff recommended decision and issue an order on appeal, based on the available record, within ten days of the filing of a response to an appeal or 13 days of the filing of an appeal.