TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE A: GENERAL PROVISIONS
CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY
PART 168 PROCEDURES FOR CONTESTED CASE HEARINGS
SECTION 168.325 DECISION IN CONTESTED CASE


 

Section 168.325  Decision in Contested Case

 

a)         Within 21 days after service of the proposal for decision the parties may file with the Director exceptions, and proposed findings of fact, and present a brief to the Director, and thereafter the Director 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 stated 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 agency rules, 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 or any decision or order.  Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party or to the party's attorney of record.