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89 | P a g e October 25 • Shall regulate the conduct of the hearing consistent with due process to ensure an orderly hearing. • Shall render a proposal for decision in the name of the Department consisting of proposed findings of fact, conclusions of law and a recommended order deciding the case based on the evidence and testimony in the hearing record.

5.11 Decision PROPOSAL FOR DECISION: The Hearing Officer shall make a proposal for decision and mail the proposal to the claimant, authorized representative of the local eligibility office, the Human and Community Services Division (HCSD) Reviewer or Designee and all other parties. Within:

LIHEAP/WEATHERIZATION: Forty-five (45) days of the request for a hearing. PROPOSAL REQUIREMENTS – The proposal for decision shall: 1. Be based on the facts and evidence produced at the hearing as applied to pertinent state and federal law. 2. Consist of proposed findings of fact, proposed conclusions of law and recommended order.

EXCLUSIVE RECORD: The proposal for decision, the verbatim transcript, if requested by a party, together with all exhibits, papers, and requests filed in the proceeding shall constitute the exclusive record.

AVAILABILITY OF RECORDS: Records shall be available to the claimant for inspection and copying at a place accessible to him/ her at a reasonable time. The record shall be available to the public for inspection and copying, except that the names and addresses and any other identifying information of the claimant's shall be kept confidential.

REQUEST FOR BOARD REVIEW OF PROPOSAL FOR DECISION: Any party to the Fair Hearing who is aggrieved by the proposal for decision may request an opportunity to file exceptions and present briefs and, as appropriate, oral arguments within ten (10) days of the mailing of the proposal for decision. If a request is not filed within the ten (10) days, the proposal for decision shall become final, unless the party can show that failure to request an opportunity to file exceptions and present briefs or oral arguments was for good cause.

SUB-GRANTEE DIRECTOR AND HUMAN AND COMMUNITY SERVICES DIVISION (HCSD) REVIEWER: May request an opportunity to file exceptions and present briefs but may not present oral arguments.

CONTINUATION OF SERVICES DURING BOARD REVIEW: Benefits shall continue after the end of the month in which an adverse determination by the Hearing Officer is proposed when, within the ten (10) days, the claimant files a request for a Board Review. Once such a