by the Office shall preside at the hearing and, following the conclusion of the hearing, make findings of fact, conclusions of law, and recommendations, separately stated, to the Office as to what disciplinary action, if any, should be imposed on the licensee.
(d) The Office or the hearing officer authorized by the Office shall
hear evidence produced in support of the formal charges and contrary evidence
produced by the licensee, if any. If the hearing is conducted by a hearing
officer, at the
conclusion of the hearing, the hearing officer shall make findings of fact,
conclusions of law, and recommendations, separately stated, and submit them to
the Office and to all parties to the proceeding. Submission to the licensee
shall be considered as having been made if done in a similar fashion as service
of the notice of formal charges. Within 20 days after the service, any party to
the proceeding may present to the Office a motion, in writing, for a rehearing.
The written motion shall specify the particular grounds for the rehearing.
(e) The Office, following the time allowed for filing a motion for
rehearing, shall review the hearing officer's findings of fact, conclusions of
recommendations, and any motions filed subsequent to the hearing. After review
of the information the Office may hear oral arguments and thereafter issue an
order. The report of findings of fact, conclusions of law, and recommendations
of the hearing officer shall be the basis for the Office's order. If the Office
finds that substantial justice was not done, it may issue an order in
contravention of the hearing officer's findings.
(f) All proceedings under this Section are matters of public record and a
record of the proceedings shall be preserved.
(Source: P.A. 93-263, eff. 7-22-03; 94-385, eff. 7-29-05.)