(a) Filing of recommended decision and record. Within 45 days after
expiration of the time allowed for filing reply briefs under section
263.37(b), the ALJ will file with and certify to the Board, for decision,
the record of the proceeding. The record must include the ALJ’s
recommended decision, recommended findings of fact, recommended conclusions
of law, and proposed order; all prehearing and hearing transcripts,
exhibits, and rulings; and the motions, briefs, memoranda, and other
supporting papers filed in connection with the hearing. The ALJ will
serve upon each party the recommended decision, findings, conclusions,
and proposed order.
(b) Filing of index. At the same time the ALJ files with and certifies
to the Board for final determination the record of the proceeding,
the ALJ will furnish to the Board a certified index of the entire
record of the proceeding. The certified index must include, at a minimum,
an entry for each paper, document, or motion filed with the ALJ in
the proceeding, the date of the filing, and the identity of the filer.
The certified index must also include an exhibit index containing,
at a minimum, an entry consisting of exhibit number and title or description
for: each exhibit introduced and admitted into evidence at the hearing;
each exhibit introduced but not admitted into evidence at the hearing;
each exhibit introduced and admitted into evidence after the completion
of the hearing; and each exhibit introduced but not admitted into
evidence after the completion of the hearing.
