§ 4.13. Findings and decisions.  


Latest version.
  • A.

    If the hearing, as hereinbefore described, is not before the full commission, the hearing board shall, within 30 calendar days from the conclusion of the hearing, submit a written or oral report to the commission for its approval. If the commission accepts the findings of fact contained in such report, it need not read the record of the hearing. If the commission declines to accept such findings, it must read the record or hold a hearing de novo.

    B.

    When the commission has reached a proposed decision, it shall notify each party of that decision. Either party may then request findings of fact and conclusions of law by filing a written request with the commission. If a party files no such request with the commission within 10 business days after being notified of the proposed decision, that party shall be deemed to have waived the right to findings of fact and conclusions of law.

    C.

    If a party requests findings of fact and conclusions of law, the commission may either adopt the report of the hearing board as its proposed findings and conclusions, direct one of the parties to prepare proposed findings and conclusions, or draft its own findings and conclusions. Copies of the proposed findings or conclusions shall be served personally or by mail on each party. Where practicable, such service should be made within 15 business days of the receipt of the request.

    D.

    If either party files objections to the proposed findings and conclusions within the time specified above and the commission believes that the objections or parts thereof have validity, the commission shall amend the proposed findings and conclusions accordingly, and shall notify the parties that the amended findings and conclusions are a new proposed decision. Any party who has not previously filed objections shall have 10 business days from the date of the notice of the new proposed decision to file objections to that decision. The commission shall then consider those objections, and notify the parties of its final decision.

    E.

    If no party files objections to the proposed findings and conclusions within 10 business days after service, they shall constitute the final decision of the commission.

(Ord. 88-0020 § 1 (part), 1988: amended by Board Order No. 80 (part), 9/1/87.)