; Preliminary Report and Recommendation by Hearing Officer

; Preliminary Report and Recommendation by Hearing Officer. Prior to a hearing on the merits, the hearing officer may prepare a preliminary report and recommendation, including, if appropriate, proposed findings of fact and conclusions of law, based upon the record available to the hearing officer. The hearing officer shall file the preliminary report and recommendation with the Commission and distribute it to the Commission members by electronic mail. If within forty-eight (48) hours of sending the preliminary report and recommendation, no Commission member asks that it be held for further consideration, then the hearing officer shall serve a copy of the preliminary report and recommendation on all parties. If within forty-eight (48) hours of sending the preliminary report and recommendation one or more Commission members does ask that it be held for further consideration, then the hearing officer shall present the preliminary report and recommendation to the Commission at its next meeting, at which the Commission can either accept the preliminary report and recommendation or reject it and set the matter for hearing. If the hearing officer serves a preliminary report and recommendation on the parties, the hearing officer shall also provide the parties with written notice of a proposed hearing date in the event either party objects to the preliminary report and recommendation as provided below. Within five (5) business days of receiving a copy of the preliminary report and recommendation, any party may file specific written objections to the preliminary report and recommendation. Failure to file such objection waives that party’s right to a hearing on the merits. Upon receiving such objection, the hearing officer shall set the hearing on the merits for the date proposed in the notice of proposed hearing date previously mailed to the parties or some other date agreed to by the parties. After the hearing on the merits, the hearing officer shall prepare a final report and recommendation. However, nothing contained in these rules shall require the hearing officer to set a hearing on the merits for a complaint in which the hearing officer recommends dismissal or in which there are no facts in dispute. If no objection to the preliminary report and recommendation is received within the time provided above, the hearing officer shall prepare a final report and recommendation or, in the hearing officer’s discretion, set the matter for a hearing on the merits for the date proposed in the notice of proposed hearing date or some other date agreed to by the parties. If the hearing officer sets the matter for a hearing on the merits, the hearing officer shall prepare a final report and recommendation after such hearing. The hearing officer shall submit the final report and recommendation to the Commission and present it to the Commission at its next regularly scheduled meeting. The Commission can enter a final order dismissing the case, modifying the report and recommendation, or adopting the report and recommendation, or the Commission can enter an order remanding the case for further hearing.