R849-1-12. Proposed Decision and Final Agency Review

  (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.