(a)
Adjudications of an
agency head shall be final orders, subject only to
application for rehearing, if any, provided for by the statute under which the
proceeding is initiated and conducted, except proposed regulations that may be
issued in rulemaking. Final orders shall include:
(1) Adjudications by the agency head in
proceedings in which the agency head has presided at the reception of
evidence.
(2) Adjudications by the
agency head upon appeal of proposed reports by participants, by filing
exceptions in the manner and time provided by §
35.211 (relating to procedure to
except to
proposed report), or upon review initiated by the
agency head within
10 days next following the expiration of the time for filing exceptions under
the section, or another time as the
agency head may fix in specific
cases.
(3) Proposed reports, upon
the expiration of the time provided for an appeal to or review by the agency
head without the appeal or review having been initiated.
(4) Adjudications by the
agency head in
proceeding in which a
presiding officer has presided at the reception of
evidence and which are not subject to §
35.202 (relating to proceedings in
which proposed reports are prepared).
(b) No application for rehearing, provided
for by the statute under which a proceeding is initiated and conducted, will be
entertained by the agency head until an adjudication is issued and becomes a
final order under the provisions of this section.
