SEC. 98.0310. METHOD OF DECISION IN CONTESTED CASES.

(a) Hearing Before Board Itself. Where a contested case, originally heard before the Board or an examiner or examiners for said Board, is heard before the Board itself, no member thereof who did not hear the evidence or has not read the record or proceedings shall vote on the decision. (Amended by Ord. No. 139,419, Eff. 11/ 30/69.)

(b) Hearing Before Examiner. If a contested case is heard by a hearing examiner alone, the hearing examiner shall, within a reasonable time, submit a written report to the Board as to matters within its jurisdiction, otherwise, to the Superintendent. Such report shall contain a brief summary of the evidence considered and state the examiner’s findings, conclusions and recommendations. The report shall contain a proposed decision, in such form that it may be adopted by the Board or the Superintendent as the decision in the case. All examiner’s reports shall be filed by the Department as a public record. A copy of each proposed decision so filed shall then be mailed to each party. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(c) Consideration of Report by Board or the Superintendent Notice. The Board or the Superintendent shall fix a time to consider the examiner’s report. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(d) Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner’s report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the Board or the Superintendent, any party may present oral argument at the time of consideration of the examiner’s report. (Amended by Ord. No. 139,419, Eff. 11/ 30/69.)

(e) Disposition by the Board or Superintendent. The Board or the Superintendent may adopt or reject the proposed decision in its entirety, or may increase or reduce the proposed penalty, if any, and may adopt the balance of the proposed decision of the hearing examiner. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(f) Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Subsection (e), the Board or the Superintendent may decide the case upon the record, including the transcript, either in whole or in part, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is so assigned to another hearing examiner, the hearing examiner shall prepare a report and proposed decision as provided in Subsection (b) hereof upon any additional evidence submitted, the transcript of the previous hearing, and other papers which are part of record of the prior hearing. Consideration of such proposed decision by the Board or said Superintendent shall comply with the provisions of this section. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

r shall prepare a report and proposed decision as provided in Subsection (b) hereof upon any additional evidence submitted, the transcript of the previous hearing, and other papers which are part of record of the prior hearing. Consideration of such proposed decision by the Board or said Superintendent shall comply with the provisions of this section. (Amended by Ord. No. 139,419, Eff. 11/30/69.)

(g) Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the penalty, if any. The findings may be stated in the language of the accusation or charges, or by reference thereto, or may be stated in the terms of the applicable rule, regulation or statute ordinance, a copy of the decision shall be delivered to the respondent personally or sent to the respondent by registered mail.

(h) Effective Date of Decision. The effective date of the decision shall be stated therein.