administrative law judge conducts a hearing pursuant to
, a "proposal for
decision" shall be rendered pursuant to the Rules of the Office of
NCAC 03 .0126
. The parties may file written
exceptions to this "proposal for decision" and submit their own proposed
findings of fact and conclusions of law. The exceptions and alternative
proposals must be filed within 10 days after the party has received the
"proposal for decision" as drafted by the administrative law judge.
(b) Any exceptions to the procedure during
the hearing, the handling of the hearing by the administrative law judge,
rulings on evidence, or any other matter must be written and refer specifically
to pages of the record or otherwise precisely identify the occurrence to which
exception is taken. The exceptions must be filed with the Board within 10 days
of the receipt of the proposal for decision. The written exceptions shall bear
the notation: "EXCEPTIONS TO THE PROCEEDINGS IN THE CASE OF (name of
(c) Any party may present
oral argument to the Board upon request. The request must be included with the
receipt of request for further oral argument, notice shall be issued promptly
to all parties designating the time and place for such oral argument.
(e) Giving due consideration to the proposal
for decision and the exceptions and arguments of the parties, the Board may
adopt the proposal for decision or may modify it as the Board deems necessary.
The decision rendered shall be a part of the record and a copy thereof given to
all parties. The decision as adopted or modified becomes the "final agency
decision" for the right to judicial review. Said decision shall be rendered by
the Board within 60 days of the next regularly scheduled meeting following the
oral arguments, if any. If there are no oral arguments presented, the decision
shall be rendered within 60 days of the next regularly scheduled Board meeting
following receipt of the written exceptions.