C. Filing and service of, and response to, recommended decision: If a hearing officer, other than a commission member or the commission counsel, has been directed by the commission to submit a recommended decision, the hearing officer shall serve a copy of the recommended decision upon each party and file the original with the commission secretary.

(1) Any party may file a response to the recommended decision, including argument for or against the recommended decision or for modification of the recommended decision, within twenty (20) days after service of the recommended decision.

(2) Any response to the recommended decision shall include appropriate citations to the hearing record or to legal authority. No new evidence shall be included in a response, nor shall any legal argument be presented that was not presented at the hearing unless the party filing the response shows that the issue addressed by such legal argument could not reasonably have been anticipated at the hearing.

(3) As used in this Subsection, “recommended decision” includes proposed findings of fact and conclusions of law.

E. Effective date of orders: All orders, whether issued by the commission or by the hearing officer, shall become effective immediately upon filing.

[9/30/76, 1/1/83, 1/1/84, 8/12/93, 1/1/94, 10/1/94, 1/1/96; Recompiled 11/30/01]