(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 entire record of the proceedings shall vote on or take part in the decision.
(B) Hearing before examiner. If a contested case is heard by a hearing examiner alone, he or she shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the Board. The report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations. The report shall also contain a proposed decision in the form that it may be adopted by the Board as its decision in the case. All examiner's reports flied with the Board shall be matters of public record. A copy of each report and proposed decision shall be mailed to each party on the date they are filed with the Board.
(C) Consideration of report by Board; notice. The Board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each interested parry not less than 5 days prior to the date fixed, unless it is otherwise stipulated by all of the parties.
(D) Exceptions to report. No later than 2 days before the date set 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 argument in support of the decision. By leave of the Board, any party may present oral argument to the Board.
(E) Disposition by the Board. The Board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision.
(F) Proposed decision not adopted. If the proposed decision is not adopted as provided in division (E) above, the Board may decide the case upon the entire record before it, 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 reassigned to a hearing examiner, he or she shall prepare a report and proposed decision as provided in division (B) above after any additional evidence is submitted. Consideration of the proposed decision by the Board shall comply with the provisions of this section.
(G) Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested.
(H) Effective date of decision. The effective date of the decision shall be as stated therein.
(Ord. 97-342, passed 5-25-2005)