(a) Hearing Before Board Itself. Where a contested case is heard before the Board itself, no member thereof who did not hear the evidence or has not read the record or proceedings shall vote on the decision.
(b) Hearing Before Examiner. If a contested case is heard by a hearing examiner alone, the hearing examiner shall, within 30 days, submit a written report to the Board. Such report shall contain a brief summary of the evidence considered and shall state the examiner’s conclusions and recommendations. The report shall contain a proposed decision, in such form that it may be adopted by the Board as its decision in the case. All examiners’ reports shall be filed by the Board as a public record. A copy of such proposed decision so filed shall then be mailed to each party.
(c) Consideration of Report by Board – Notice. The Board shall fix a time when the Board will consider the report. Notice thereof shall be mailed to each interested party not less than 12 days prior to the date fixed, unless it is otherwise stipulated. (Amended by Ord. No. 161,747, Eff. 12/14/86.)
(d) Exceptions to Report. Not later than six days before the date to consider the report any party may file written exceptions to any part or all of the Examiner’s report and may attach thereto a proposed decision together with written arguments in support of such decision. By leave of the Board, any party may present oral argument to the Board. (Amended by Ord. No. 161,747, Eff. 12/14/86.)
(e) Disposition by Board. The Board may adopt or reject the proposed decision in its entirety, or may increase or reduce the proposed penalty and may adopt the balance of the proposed decision of the hearing examiner.
(f) Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Subsection (e), the Board may decide the case upon the record including the transcript either in whole or in part, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is so assigned to a hearing examiner, the hearing examiner shall prepare a report and proposed decision as provided in Subsection (b) upon the additional evidence and the transcript and other papers which are part of the record of the prior hearing. Consideration of such proposed decision by the Board shall comply with the provisions of this section.