1. (a) If in a contested case a majority of the members of the board who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, may not be made until a proposal for decision is served on the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs to the members of the board who are to render the decision. The proposal for decision must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision prepared by the person who conducted the hearing or by one who has read the record. The parties by written stipulation may waive compliance with this section.
2. (b) When a proposal for decision is prepared, a copy of the proposal shall be served forthwith by the executive director on each party and his attorney of record. Upon the expiration of the 20th day following the time provided for the filing of exceptions and briefs in §107.50 of this title (relating to Filing of Exceptions, Briefs, and Replies), the proposal for decision may be adopted by written order of the agency, unless exceptions and briefs shall have been filed in the manner required in §107.50 of this title (relating to Filing of Exceptions, Briefs, and Replies). If deemed warranted by the executive director, the hearing officer may direct a party to draft and submit a proposal for decision which shall include proposed findings of fact and a concise and explicit statement of the underlying facts supporting such proposed findings developed from the record.

Source Note:The provisions of this §107.49 adopted to be effective January 1, 1976.