- (1) At the conclusion of the hearing, the ALJ shall take the matter under advisement and submit a recommended decision to the Board. The recommended decision is based on the testimony and evidence entered at the hearing and legal precedent.
- (2) The recommended decision must contain findings of fact and conclusions of law.
(3) The Board may:
- (a) adopt the recommended decision or any portion of the decision;
- (b) reject the recommended decision or any portion of the decision, and make an independent determination based upon the record; or
- (c) remand the matter to the ALJ for further proceeding, and the ALJ thereafter shall submit to the Board a new recommended decision.
- (4) The Board's decision constitutes final administrative action and is subject to judicial review.
- (5) The Board shall send a copy of the final administrative action to each party or representative and notify them of their right to judicial review.
- (6) The parties shall comply with a final decision from the Board reversing the agency's decision within ten calendar days.
KEY: adjudicative proceedings; appeals; hearings
Date of Last Change: June 9, 2025
Authorizing, and Implemented or Interpreted Law: 53D-1-701; 53D-1-702