Section 560IAC2-3-23. Board action

   (a) Result of expiration of time. In the event no timely and proper exceptions are filed as herein provided, the report of the hearing examiner shall become the final order of the board. All objections and exceptions to the hearing examiner's report shall be deemed to have been waived.

  (b) Board decisions. Upon the filing of timely and proper exceptions and answering briefs, the board may decide the matter upon the record, with or without oral argument. The board may remand the case for further proceedings before a board member or a hearing examiner. Regardless of whether the board decides the matter upon the original record or after remand, the board shall issue a final order affirming, modifying, or dissolving the hearing examiner's report.

  (c) Contents of final orders. The final order of the board must:

(1) identify any differences between the final order and the report issued by the hearing examiner; and

(2) include findings of fact or incorporate the findings of fact in the hearing examiner's report by express reference to the report.

  (d) Issuance of board orders. A final order disposing of a proceeding or an order remanding a report to a hearing examiner for further proceedings shall be issued by the board within sixty (60) days of the latter of:

(1) the date that the hearing examiner's report was issued;

(2) the receipt of briefs; or

(3) the close of oral argument.

The board may waive or extend this period with the written consent of all parties or for good cause shown.

  (e) Rehearing. A party may petition the board for a rehearing of a final order. The board may grant a petition for rehearing only if the petitioning party demonstrates that:

(1) newly-discovered material evidence exists; and

(2) the evidence could not, by due diligence, have been discovered and produced at the evidentiary hearing during the administrative adjudication.

The rehearing may be limited to the issues directly affected by the newly discovered evidence. The filing and pendency of a motion for rehearing shall not operate to stay the effectiveness of the action of the board unless so ordered. (Indiana Education Employment Relations Board; 560 IAC 2-3-23; filed Oct 6, 1988, 11:15 a.m.: 12 IR 314; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)