R 408.22238 Proposed decision of the hearing officer; service; contents; exception; inoperative while on referral; filing proposed order.

Rule 1238. (1) Within 10 days of the conclusion of a hearing or within 5 days of the receipt of the transcript, if any, or such additional time as allowed by the hearing officer, each party may file with the hearing officer a proposed order, including proposed findings of fact and conclusions of law, with such supporting argument and reasoning as are necessary to support the proposed order. (2) Within 20 days of the conclusion of a hearing or within 15 days of the receipt of the transcript, if any, the hearing officer shall serve upon parties by certified mail or personal service a proposed decision which shall include the following. (a) A statement of the reasons for the proposed decision. (b) Issues of fact and law necessary for the proposed decision. (3) Unless a party, within 10 days of the receipt of the proposed decision, files exceptions thereto with supporting reasons, the proposed decision shall become a final decision of the director. Exceptions shall refer to the specific issues of fact and law, or terms of the proposed decision excepted to. If the testimony was transcribed, reference shall be made to specific pages of the transcript, and shall suggest modified issues of fact and law, and terms of the proposed decision. (4) The decision of the hearing officer shall be based upon consideration of the whole record and shall be made on the basis of a preponderance of reliable and probative evidence. (5) A hearing officer's proposed decision under this rule shall not be operative while that decision is being referred to the director.