1. (a) The presiding officer shall prepare and issue a written decision based on the record within 60 days after the case is submitted.

   1. (1) The decision shall include findings of fact and conclusions of law that support the determination.
   2. (2) The decision or order shall be served on all parties within five business days of issuance.
2. (b) The decision shall become final and effective 30 days after service unless otherwise stated.

3. (c) The Director may designate all or part of a decision as a precedent decision if it contains a significant legal or policy determination of general application that is likely to recur.

   1. (1) A legal or policy determination is significant if it establishes a new rule of law or policy, resolves an unsettled area of law, or overrules, modifies, refines, clarifies, or explains a prior precedent decision.
   2. (2) A legal or policy determination is of general application if the facts are sufficiently common to give guidance to future cases, clearly illuminate the legal or policy determination, and are significant to the parties, the public, or Department operations.
   3. (3) A legal or policy determination is likely to recur if it is of continuing public interest because of the frequency or the ongoing likelihood of occurrence.
   4. (4) The Department shall maintain a publicly accessible index of decisions designated as precedent in accordance with Government Code section 11425.60.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11425.10, 11425.50 and 11425.60, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).