§166.290. Proposal for Decision

a)         After the hearing is concluded, the Hearing Officer or when the Hearing Officer is incapacitated or otherwise unable to prepare a proposal for decision a designated Agency employee who has read the record shall file with the Director or the Director's designee and serve upon the parties a proposal for decision based exclusively on:

 

1)         Evidence and arguments presented during the course of the hearing or otherwise made a part of the record;

 

2)         Stipulations of fact; and

 

3)         Matters officially noticed.

 

b)         The Proposal for Decision shall be final in form and dispositive of all issues in the case.

 

c)         The Proposal for Decision shall contain:

 

1)         A short statement of the nature of the proceedings;

 

2)         Complete references to the specific statutes or regulations at issue;

 

3)         A list of exhibits admitted in evidence;

 

4)         Specific findings on each issue of fact necessary to the proposed decision;

 

5)         Specific conclusions on each issue of law necessary to the proposed decision based upon the findings of fact and applicable constitutional principles, statutes, and rules or regulations;

 

6)         An appropriate recommendation for the disposition of the entire contested case including a statement of reasons based upon the findings of fact and conclusions of law;

 

7)         No substantive finding of fact or conclusion of law nor any recommendation in the proposal for decision shall be binding upon the Director.