Section 150.135  Responsibilities of the General Counsel

a)         Upon receipt of a copy of the recommendation of the hearing examiner, the General Counsel shall:

1)         Review the recommendation of the hearing examiner, the transcript of the proceedings, and all admitted evidence to determine whether the facts support the recommendation and whether questions of law have been properly applied;

2)         Indicate in writing whether he or she concurs with the recommendation of the hearing examiner and, if not, state the reasons for the nonconcurrence; and

3)         Transmit his or her remarks and recommendation to the Board within a reasonable time prior to the meeting at which the matter will be addressed by the Board.

b)         If the Chairman of the Board determines that circumstances exist that would make it impossible for the General Counsel to provide a written recommendation to the Board, the recommendation may be given orally.  For purposes of making the official record complete, the General Counsel shall, within three business days of giving his oral recommendation, create a written recommendation setting forth the same analysis and reasoning as that contained in the oral recommendation.  The written recommendation shall be sent to the parties pursuant to Section 150.35.