§100.140. Notice of Conclusions and Recommendations

a)         Adjudicatory Proceedings

 

1)         Copies of the Board's findings, conclusions, and decision, and if the Board so elects, memoranda of law supporting all or any of such findings, conclusions, and decision shall be served upon each party in the manner provided by these Rules of Procedure, together with Notice that any party has twenty (20) days from the date such Notice is mailed, to present to the Board a written Motion for Rehearing to be considered by the Board.  Upon the expiration of the time given by the Notice referred to in the foregoing Section, or upon the Board's denial of a timely motion for rehearing, said findings of fact, conclusions of law, and decision shall be placed on file in the Department.  The Department shall then take such further action in the matter as shall be in accordance with statutes in such case made and provided and enter such order as shall be proper in the premises for the disposition of the matter.  Such order shall be served pursuant to Section 100.40(b)(3).

 

2)         At any time prior to the entering of Findings of Fact, Conclusions of Law and Decision by the Board, the parties to any proceeding may seek to terminate the matter by presenting to the Director a Consent Order to which they all acknowledge their consent by affixing their respective signatures.  Upon the Director's signing such a Consent Order the entire proceedings shall cease without the necessity of any further action by the Board involved; and each party shall be deemed to have waived Administrative Review.

 

b)         Rule-Making Proceedings

 

1)         The Director shall give notice to all parties to any Rule-making hearing and other interested persons, as defined by these Rules, of the decision of the Board and the Department with regard to the subject matter of such hearing.

 

2)         If, as a result of said hearing, a Rule is adopted, amended or rescinded, and also if, either prior to said adoption, amendment or rescission or within thirty (30) days from same, any interested person has requested that the Director issue a concise statement of the principal reasons for or against the adoption, amendment or rescission of such Rule, incorporating therein the reasons for overruling such opposition to said adoption, amendment or rescission, such a statement shall be issued.  All parties to said hearing and interested persons shall be served with a copy of the aforesaid statement as provided by Section 100.40(b) (3) of this Part.

 

3)         The Director shall file in the office of the Secretary of State a certified copy of each Rule adopted by the Board.  The adoption, amendment or rescission of any Rule shall be effective thirty (30) days after such filing, except that if a later date is specified in the Rule, the later date is the effective date.