(a) Notice of submission to the Board. When the Board determines
that the record in the proceeding is complete, the Board will serve
notice upon the parties that the proceeding has been submitted to
the Board for final decision.
8-083.1
(b) Oral argument before the Board. Upon the
initiative of the Board or on the written request of any party filed
with the Board within the time for filing exceptions, the Board may
order and hear oral argument on the recommended findings, conclusions,
decision, and order of the ALJ. A written request by a party must
show good cause for oral argument and state reasons why arguments
cannot be presented adequately in writing. A denial of a request for
oral argument may be set forth in the Board’s final decision.
Oral argument before the Board must be on the record.
8-083.2
(c) Board’s final decision.
(1) Decisional employees may
advise and assist the Board in the consideration and disposition of
the case. The final decision of the Board will be based upon review
of the entire record of the proceeding, except that the Board may
limit the issues to be reviewed to those findings and conclusions
to which opposing arguments or exceptions have been filed by the parties.
8-083.3
(2) The Board will render
a final decision within 90 days after notification of the parties
that the case has been submitted for final decision, or 90 days after
oral argument, whichever is later, unless the Board orders that the
action or any aspect thereof be remanded to the ALJ for further proceedings.
Copies of the final decision and order of the Board will be served
upon each party to the proceeding, upon other persons required by
statute, and, if directed by the Board or required by statute, upon
any appropriate state or federal supervisory authority.
