§ 10.104. Scope of review; Commission decision.

297 words·~1 min read·/us/cfr/t17/s§ 10.104·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Scope of review. The Commission will ordinarily consider the whole record on review, and base its determination thereon. However, it may limit the issues to those presented in the statement of issues in the brief.

(b)Decision on review. On review, the Commission may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, the initial decision by the Administrative Law Judge and make any findings or conclusions which in its judgment are proper based on the record in the proceeding. The Commission's decision shall be contained in its opinion and order. In the event the Commission is equally divided as to its decision the initial decision will be affirmed, without opinion.

(c)Contents of record. The record of the proceeding before the Commission for final decision shall include:

(1)The complaint, notice of hearing, answers and any amendments thereto;

(2)Any application, motion or objection made during the course of the proceeding, briefs in support thereof, rulings thereon and exceptions thereto;

(3)Any admission or stipulations between the parties, and documents or papers filed in connection with prehearing conferences; and the record of prehearing conferences, if recorded;

(4)The transcript of testimony taken at the hearing, together with exhibits received at the hearing;

(5)Any statements filed under the shortened procedure;

(6)Portions of the official public records of the Commission specified in any of the above;

(7)Any proposed findings of fact, conclusions of law and briefs in support thereof, which were filed in connection with the hearing;

(8)Any written communication accepted by the Administrative Law Judge pursuant to §§ 10.34 and 10.35 relating to limited participation;

(9)The initial decision and the petition for review;

(10)Any other documents which appear on the docket of the proceeding.