22.11.050 Initial Decisions

(a) A person aggrieved by an adverse or restrictive determination, decision, or order of an agency employee other than the chief executive officer of the agency may apply to the chief executive officer of the agency for an initial review and decision. Before the chief executive officer of the agency undertakes an initial review or reaches an initial decision, the parties are entitled to a reasonable opportunity to submit, in writing, for the consideration of the chief executive officer.

(1) proposed findings and conclusions; and

(2) exceptions to the decision or order of the subordinate employee or employees; and

(3) supporting reasons for the exceptions or proposed findings and conclusions.

(b) After due consideration of any submissions so made, and within 15 calendar days of the receipt of such submissions, the chief executive officer of an agency shall issue a written decision in the matter. Such decisions are a part of the record and shall include a statement of:

(1) Findings and conclusions, and the reasons or basis therefore, on all the material issues of fact and law, or

(2) The ruling on each finding, conclusion or exception proposed or submitted by any party; and

(3) An order, granting or denying relief in whole or in part.

(c) Such written decisions, issued by the chief executive officer of an agency, shall be provided immediately to the parties and shall be made available for public inspection, and upon such provision and availability becomes an agency action appealable to a Hearing Officer. No other agency activity, tentative determination, plan, proposal, or decision, shall be deemed to be an agency action so appealable.