1. (a) A member of the commission shall not participate in making a decision unless they personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness, and the record provides a reasonable basis for evaluating the testimony.
2. (b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of a quorum of the commission who are to render a final decision, the presiding officer shall submit to the commission a written proposal for decision containing a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.
3. (c) If a proposal for decision in a matter not personally heard by a member of the commission is adverse to a party to the proceeding other than the commission itself, the commission shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the commission.
4. (d) A proposal for decision shall become a final decision upon its approval by the commission.
5. (e) The commission shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal.

Source. #14403, eff 10-15-25