Section 905 IAC 1-37-12 - Proposed ordersAuthority: IC 7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 12.
(a) The hearing judge's proposed order disposing of the proceeding becomes a final order when affirmed by the commission.(b) The hearing judge's proposed order must include, separately stated, findings of fact for all aspects of the order, including the remedy prescribed. Findings of ultimate fact must be accompanied by a concise statement of the underlying basic facts of record to support the findings.(c) Findings must be based exclusively upon the evidence of record in the proceeding and on matters officially noticed in that proceeding or otherwise. Findings must be based upon the kind of evidence that is substantial and reliable. The hearing judge's experience, technical competence, and specialized knowledge may be used in evaluating evidence.(d) A substitute hearing judge may issue the proposed order required under this section upon the record that was generated by a previous hearing judge.(e) The hearing judge may allow the parties a designated amount of time after conclusion of the hearing for the submission of proposed findings.(f) An order under this section shall be issued in writing within forty-five (45) days after conclusion of the hearing or after submission of proposed findings in accordance with subsection (e), unless this period is waived or extended with the written consent of all parties or for good cause shown, as determined by the hearing judge.(g) The hearing judge shall have copies of the proposed order under this section delivered to each party and to the commission's members. Alcohol and Tobacco Commission; 905 IAC 1-37-12; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1452; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFAReadopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA