R 432.614e Recording proceedings; transmittal of record and board action.

Rule 614e. (1) Oral proceedings involving contested issues must be recorded to ensure the preservation of the testimony. A party may request a transcript of the proceedings. The requesting party must pay for the transcript. (2) Unless otherwise specified by the board, the hearing officer, within 60 days after the conclusion of the hearing, or the submission of post-hearing briefs or proposed findings of fact, shall issue, to the board and to the parties, written findings of fact, conclusions of law, and recommendations. Findings of fact must be based exclusively on testimony, evidence, and matters within the record. The findings of fact must be stated separately. (3) Unless otherwise agreed to by the parties or as set by the hearing officer, the parties have 21 days after the service of the findings of fact, conclusions of law, and recommendations of the hearing officer to file objections. (4) Unless otherwise agreed to by the parties or as set by the hearing officer, the parties may file a response to the objections within 21 days after service of the objections. (5) After the time period for the parties to file objections and responses to those objections, the hearing officer must transmit the entire record to the board. (6) Before issuing a final order, the board must consider the record as a whole. (7) After considering the record, the board may take any of the following actions: (a) Affirm the written recommendations, findings of fact, and conclusions of law submitted by the hearing officer as its final board order. (b) Issue a final order modifying the written recommendations, findings of fact, and conclusions of law submitted by the hearing officer. (c) Issue a final order rejecting the written recommendations, findings of fact, and conclusions of law submitted by the hearing officer. (d) Issue an order remanding the matter, with instructions, to the hearing officer for further proceedings. (8) The board must serve copies of its orders on the parties. (9) A board order becomes effective upon service.