Section 200.910  Hearing Officer's Decision

a)         At the conclusion of all hearings conducted under this Subpart, the Hearing Officer shall issue proposed findings of fact, conclusions of law and a recommended final administrative decision for submittal to the Director.

b)         In issuing his findings, conclusions and recommendation, the Hearing Officer shall not be strictly bound by the actions or relief set forth in the original notice of the Department's intended action.  Such findings, conclusions and recommendation may include remedies in addition to or different from those originally sought if they are supported by the evidence.

c)         The provisions of subsection (b) above shall not apply when the findings, conclusions and recommendation are issued after the applicant or holder fails to request a hearing or fails to appear at a properly scheduled hearing.  In such cases the Department shall be bound by the actions or relief set forth in the original notice of the Department's intended action.