621—9.1(17A,20) Final decisions.

1. 9.1(1)  By board majority. When a majority of the board presides at the reception of the evidence in a contested case, the decision of the board is a final decision of the agency.

2. 9.1(2)  By presiding officer. When a majority of the board does not preside at the reception of the evidence in a contested case, the presiding officer shall make a proposed decision that becomes the final decision of the agency without further proceedings unless:

   1. a. There is an appeal to the board or a petition for its review filed within 20 days of the filing of the proposed decision, or
   2. b. The board, within 20 days of the filing of the proposed decision, determines to review the decision on its own motion.

[ARC 2916C, IAB 1/18/17, effective 2/22/17]