Recommendation of the Hearing Officer and Decision of the Board

Recommendation of the Hearing Officer and Decision of the Board. All findings of fact and conclusions of law made by the hearing officer or the Board shall be based upon the preponderance of the evidence. The hearing officer shall reduce all recommendations to writing and submit those recommendations to the Board as described herein. After all evidence is heard or received and the hearing is completed, the hearing officer shall, within a reasonable time thereafter, issue a report and recommendation that details his or her findings of fact and conclusions of law. All parties (including the Board) shall be served with the hearing officer’s report and recommendation. Within fourteen (14) calendar days following service of the findings, either party may present a written response to these findings to the Board. The Board will review the hearing officer’s report and recommendations, all exhibits entered into evidence, all written responses to the Report and Recommendations and, if desired, order a transcript of the hearing. Thereupon, the Board may issue a final order adopting and accepting the hearing officer’s report and recommendations, rejecting the report and recommendations in whole or in part and issuing findings of fact and conclusions of law with a final order; or remand the case to the hearing officer for additional findings or clarification of key issues. A case is not concluded until issuance of a final order by the Board. All reports and recommendations and final orders shall be sent via certified mail, return receipt requested, to all parties who appeared at the administrative hearing or their attorney or authorized representative.