TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 166 PROCEDURES FOR PERMIT AND CLOSURE PLAN HEARINGS SECTION 166.292 DECISION IN CONTESTED CASE
Section 166.292 Decision in Contested Case
a) Within ten (10) days after service of the proposal for decision, the parties may file with the Director exceptions and proposed findings of fact and may present a brief to the Director; the Director thereafter shall issue a Final Decision or Order.
b) The Director's Final Decision or Order adverse to a party in a contested case shall be in writing or state in the record;
1) The final decision shall include findings of fact and conclusions of law, separately stated;
2) Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
3) If, in accordance with Section 166.285, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding.
c) Parties or their Agents appointed to receive service of process shall be notified either personally or by registered or certified mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party or the party's attorney of record. (Section 10-50(a) IAPA) |