Filing of transcript of evidence. As soon as practicable after the close of the hearing, the reporter
shall transmit to the Chief Hearing Examiner the copies of the transcript of the testimony and the exhibits introduced in evidence at the hearing
except such copies of the transcript and exhibits as are forwarded to the hearing examiner.
Proposed findings of fact, conclusions, and orders. Within 10 days after receipt of notice that the
transcript of the testimony has been filed or such additional time as the hearing examiner may allow, each party may file with the hearing examiner
proposed findings of fact, conclusions of law, and order, together with a supporting brief including the reasons for any proposals. Such proposals
shall be served upon all parties, and shall contain adequate references to the record and authorities relied upon.
Decision of the hearing examiner. Within a reasonable time after the termination of the time allowed
for the filing of proposed findings of fact, conclusions of law, and orders, or after the date of submission of an agreement containing consent
findings and order, the hearing examiner shall prepare his decision, which shall become the decision of the assistant Secretary 20 days after service
thereof unless exceptions are filed thereto, as provided in 1921.14 except in cases dealt with in 1921.8(b). Except in cases under 1921.8(b) the
decision of the hearing examiner shall include a statement of:
Findings and conclusions, with reasons and bases, therefor, upon each material issue of fact, law,
or discretion presented on the record, and
An appropriate order. Except in cases under 1921.8(b), the decision of the hearing examiner shall
be based upon a consideration of the whole record and supported by reliable, probative, and substantial evidence and upon the basis of the
preponderance of the evidence.