HB2787 H GO AM 3-17
B. Thompson 3192

The Committee on Government Organization moves to amend the bill on page one, by striking out everything after the enacting section and inserting in lieu thereof the following:
 "ARTICLE 1. GENERAL PROVISIONS.
§24-1-9. Recommended decision by hearing commissioner, hearing examiner or panel.

(a) Any order recommended by a single hearing commissioner, a hearing examiner or a panel consisting of a hearing examiner and a single commissioner with respect to any matter referred for hearing shall be in writing and shall set forth separately findings of fact and conclusions of law, which findings of fact shall make specific reference to the evidence in the record which supports such findings, and shall be filed with the commission. A copy of such recommended order shall be served upon the parties who have appeared in the proceeding.
(b) Before any order is recommended, the parties shall be afforded an opportunity to submit, within the time prescribed by the hearing commissioner, hearing examiner or panel proposed findings of fact and conclusions of law and briefs.
(c) The commission shall serve a copy of the recommended order on the parties by one of the following means:
(1) By certified U. S. mail, return receipt requested; or
(2) By electronic transmission: Provided, That the party has the capability to receive the electronic transmission, has furnished an electronic address and has agreed to accept recommended orders electronically. Electronic transmissions must have an auto-reply feature which assures that the order was received.
(d) Service is complete when the recommended order is placed in the mail or transmitted electronically to the party.
(c) (e) Within the time prescribed, the parties shall be afforded an opportunity to file exceptions to the recommended order and a brief in support thereof, provided the time so fixed shall be is not less than fifteen days from the date of mailing by certified mail service of such the recommended order. to the parties.
(d) (f) In all proceedings in which exceptions have been filed to a recommended order, the commission, before issuing its final order, may afford the parties an opportunity for oral argument. When exceptions are filed, as herein provided, it shall be the duty of the commission to shall consider the same and exceptions. If sufficient reason appears therefor for the exceptions, to the commission may grant such the review or make such an order or hold or authorize such further hearing or proceeding hearings or proceedings. as may be necessary or proper to carry out the purposes of this chapter. The commission, after review, upon the whole record, or as supplemented by a further hearing, shall decide the matter in controversy and make an appropriate order thereon.
(e) (g) When no exceptions are filed within the time specified, such the recommended order shall become the order of the commission five days following the expiration of the period for filing exceptions unless the order is stayed or postponed by the commission: Provided, That the commission may, on its own motion before such the order becomes the order of the commission, review any such matter and take action thereon as if exceptions thereto had been filed.
(f) The commission, a hearing commissioner, a hearing examiner or panel to whom a matter is referred may expedite the hearing and decision of any case, if the public interest so requires, by the use of pre-trial conferences, stipulations and agreements, prepared testimony, depositions, daily transcripts of evidence, trial briefs and oral argument in lieu of briefs, as appropriate."