Section 1900.890  Transmittal of Record and Recommendation to the Board

a)         The record shall consist of the following:

1)         The Notice of Denial, the Request for Hearing and all motions and rulings on the Notice or Request;

2)         All evidence received;

3)         A statement of matters officially noticed;

4)         Offers of proof, objections and rulings; and

5)         The recommendation, any findings of fact, and any conclusions of law made by the ALJ.

b)         Oral proceedings or any part of those proceedings involving contested facts shall be recorded by stenographic or other appropriate means as to adequately ensure the preservation of such testimony or oral proceedings and shall be transcribed on request of any party.  The transcript shall be paid for by the requesting party.

c)         Upon conclusion of the hearing, the ALJ shall issue to the Board written findings of fact and conclusions of law and his or her recommendations.  Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

d)         Any party to the hearing may file exceptions to the recommendations of the ALJ with the Board no later than 14 days after receipt of the recommended decision.  Exceptions shall specify each finding of fact and conclusion of law to which exception is taken.  There shall be no oral argument on exceptions.

e)         Final Board Order

1)         The Board shall review the entire record, including any exceptions filed, and shall render a written order including the bases for its decision.

2)         Copies of the final Board order shall be served on Petitioner by e-mail pursuant to Section 1900.160, personal delivery, certified mail, or overnight express mail to Petitioner's last known address. 

3)         A final Board order shall become effective upon transmission of the e-mail, personal delivery to a party, or upon posting by certified U.S. Mail or overnight express mail to Petitioner's last known address.