TITLE 41: FIRE PROTECTION
CHAPTER III: BOARD OF BOILER AND PRESSURE VESSEL RULES
PART 2123 BOILER AND PRESSURE VESSEL RULES FOR HEARINGS
SECTION 2123.240 BOARD REPORTS
Section 2123.240 Board Reports
a) In every contested case, the Board will file a written report which contains its Findings of Fact and Conclusions of Law with respect to the allegations contained in the Complaint or Petition and its decision.
b) In a case initiated by the Office, the decision may be:
1) That a certificate not be issued;
2) That a certificate not be renewed;
3) That a certificate be issued;
4) That a certificate be renewed;
5) That a certificate be issued or renewed subject to discipline or special conditions;
6) That a certificate be suspended or revoked; or
7) That a certificate remain in good standing.
c) Where the recommendation is for discipline, the Board will include its specific action as to type and duration.
d) The Board may request that any hearing officer, any attorney for the Office or Board, or any attorney representing the Petitioner or Respondent assist in preparing a draft Board Report for its consideration.
e) Any member of the Board may join the Board in its decision, abstain, or may file a separate dissenting or concurring report.
f) Where a rehearing, or additional hearings are requested, the request shall be in the form of a motion and shall state with specificity the reasons for the request. If it is alleged that new evidence is available which was not available at the time of the hearing, the affidavit shall describe the new evidence and reasons why it was not available for use at the hearing.
g) Where a Board or hearing officer grants any motion which would dispose of the case, it shall first afford the parties an opportunity to cure the defects in pleading or proof.