Subpart 1.
Decision.
The board shall make all final decisions and orders in those
matters for which a hearing, contested case, or rulemaking proceeding conducted
under Minnesota Statutes, chapter 14, has been held. When required by law, the
board's decision or order must be based solely on the record from the hearing.
Nothing in this rule precludes argument concerning the application of law to
matters of record.
Subp. 2.
Findings and conclusions.
The decision or order must be accompanied by a concise
statement of the findings and conclusions upon each contested issue of fact
necessary to the decision. If the proposed statements of findings and
conclusions submitted to the board are not adopted, the board shall direct its
staff to prepare additional findings and conclusions. Rejection of the proposed
findings and conclusions is considered an interim decision. A final decision on
the matter must be made after the board has adopted a statement of findings and
conclusions. When the board or its staff has prepared proposed findings and
conclusions, a copy must be served on all parties at least ten calendar days
before the meeting at which the board intends to make its decision or
order.
Subp. 3.
Remand.
The board may remand a matter to the administrative law judge
for further proceedings if the board determines that the record is
inadequate.
Notes
Minn. R. agency 141, ch. 4405, pt. 4405.1200
9 SR 333; L 1984 c 640 s
32
Statutory Authority: MS s
14.06; 116C.66;
116D.04;
116G.04;
216E.16
