Ala. Admin. Code r. 545-X-3-.10 - Form And Content Of Final Order; When Final Order To Be Rendered; Service Of Notice And Copies Of Final Order
(1) The final order in a proceeding which
affects substantial interests shall be in writing and made a part of the record
and include findings of fact and conclusions of law separately stated, and it
shall be rendered within thirty days:
(a)
After the hearing is concluded, if conducted by the Commission;
(b) After a recommended order, or findings,
and conclusions are submitted to the Commission and mailed to all
parties;
(c) After the Commission
has approved or modified a proposed order submitted by a hearing panel pursuant
to Code of Ala. 1975, Section
34-24-366 and Rule
545-X-3-.14;
or
(d) After the Commission has
received the written and oral material it has authorized to be submitted, if
there has been no hearing.
(2) The thirty-day period may be waived or
extended with the consent of the parties.
(3) Findings of fact, if set forth in a
manner which is no more than mere tracking of the statutory language, shall be
accompanied by a concise and explicit statement of the underlying facts of
record which support the findings. The Commission, in its discretion, may
require the submission of proposed findings of fact from the parties. If the
Commission requests such proposed findings of fact, the order shall include a
ruling upon each proposed finding and a brief statement of the grounds for
denying the application or request.
(4) If no expert testimony is heard during
the course of a hearing, the Commission may include in the final order the
expert medical findings made by the Commission.
(5) Parties shall be notified either
personally or by certified mail, return request requested, of any order and,
unless waived, a copy of the final order shall be so delivered or mailed to
each party or to his attorney of record.
Notes
Author: Wayne P. Turner
Statutory Authority: Code of Ala. 1975, ยงยง 34-24-366, 41-22-16.
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