(a) All commission orders of the presiding officer shall:
- (1) Be made based on evidence of record only;
- (2) Be based on a preponderance of the evidence considering that the burden of proof is on the party alleging a fact or circumstance;
- (3) Provide the legal analysis and conclusions supporting the order; and
- (4) Take no account of any ex-parte communication of any kind made regarding the proceeding.
- (b) The presiding officer shall prepare a written commission order setting forth the findings of fact, the action to be taken, and the reasons therefore.
- (c) .If the violation was not proven, the presiding officer shall issue a commission order that the licensee’s violation history be cleared of the allegation.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24