§2402.260. Hearing Officer's Findings, Opinions, and Recommendations  


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  • a)         The Hearing Officer's Findings, Opinions, and Recommendations shall be in writing and shall include findings of fact and conclusions of law, or opinions separately stated when possible.  Findings of Fact shall be based exclusively on the evidence presented at the hearing or known to all parties, including matters officially noticed.  Findings of Fact, if set forth in statutory language, shall be accompanied by a statement of the underlying supporting facts. If a party submits proposed Findings of Fact which may control the decision or order, the decision or order shall include a ruling upon each proposed finding.  Each conclusion of law shall be supported by authority or reasoned opinion.  A decision or order shall not be made except upon consideration of the record as a whole or such portion thereof as may be supported by competent material and substantial evidence.

     

    b)         The Hearing Officer shall then submit his Findings, Opinions, and Recommendations to the Director.