158 DECISION OF THE HEARING EXAMINER

158.1 The hearing examiner shall prepare a written decision based on the provisions of the approved State Plan and the Act and provide to the applicant or client, or if appropriate, the individual's parent, guardian, or other representative and to the Director a copy of the decision within thirty (30) days after completion of the hearing.

158.2 The decision shall set forth the principal issues and relevant facts adduced at the hearing and the applicable provisions in law, regulation, and agency policy. It shall contain findings of fact and conclusions with respect to each of the issues and the reasons and basis therefore.

158.3 The hearing examiner's decision shall be based on the oral and documentary evidence admitted at the hearing and all material facts with respect to which official notice is taken.

158.4 The transcript of testimony, exhibits, and all papers and documents filed in the hearing shall constitute the exclusive record for the decision.

SOURCE: Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by 54 DCR 6020 (June 22, 2007).