Section 26-B316. POST-HEARING PROCEDURES

 

316.1If the matter is heard before a hearing officer, the hearing officer shall serve proposed findings of fact, proposed conclusions of law, and a proposed order to on all parties and the Commissioner within 20 days of the close of the hearing to the Commissioner for adoption, amendment, or rejection.

 

316.2A party served with proposed findings of fact, proposed conclusions of law, and a proposed order shall have the right to file exceptions within 20 days of service of the proposed order to the proposed findings of fact, proposed conclusions of law, and a proposed order. In addition, the party shall have the right to present argument to the Commissioner, who shall consider the exceptions and argument, and renders his or her final findings of fact, conclusions of law and order within 10 days after receiving the exceptions, replying to exceptions, or hearing oral arguments, whichever is later.

 

316.3If the matter is heard before the Commissioner, the Commissioner shall make a written final order within 30 days of the close of a hearing. A final order shall be in writing. A final order shall include findings of fact, conclusions of law, and an order. A copy of a final order shall be delivered or mailed to each party or to that party's attorney of record.

 

316.4A party affected by any final order of the Commissioner may, within 10 days after the issuance of the order, file with the Commissioner a motion for reconsideration or modification of the final order. A party requesting a stay of the final order shall include such request in the motion. The Commissioner shall, within 20 days after receiving the motion for reconsideration or modification, grant or deny the motion.

 

source

As amended by final rulemaking published at 49 DCR 9285 (October 11, 2002).