1. (a) A decision on the appeal shall be made only after full consideration of the record, and shall be made pursuant to Pes 201.02.
2. (b) A board member shall not participate in making a decision unless he or she personally heard the testimony in the appeal, or unless the appeal’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

3. (c) If a presiding officer has been delegated the authority to conduct an appeal hearing in the absence of a majority of the board, the presiding officer shall submit written recommendations to the board for a decision, which shall contain the following:

   1. (1) The subject of the hearing, including identification of the relevant statute(s) and rule(s);
   2. (2) The names and addresses of all parties to the appeal;
   3. (3) The names and affiliations of all individuals who testified at the hearing either orally or in writing and a summary of the testimony received at the hearing;
   4. (4) A description and discussion of all other evidence presented;
   5. (5) Proposed findings of fact and conclusions of law, including proposed rulings on any proposed findings of fact and rulings of law submitted by the parties; and
   6. (6) A recommended decision.

4. (d) After reviewing the record and any written recommendation for decision, the board shall issue a written decision to all parties that:

   1. (1) Summarizes the nature of the appeal;
   2. (2) States the decision;
   3. (3) States the findings of fact and conclusions of law upon which the decision is based; and
   4. (4) If proposed findings of fact and conclusions of law were submitted, states the rulings made on the proposals.

Source. #6834, eff 8-26-98; ss by #8058, eff 5-30-04; ss by #10198-A, eff 10-3-12