In cases where a hearing examiner is appointed, the Board shall not issue a finaldecision until a proposal for decision submitted by the Hearing Examiner is servedupon the parties and
an opportunity is afforded each party to take exceptions
,whether written or oral, and, if the Board so permits, oral argument before theBoard. The Board will make a final ruling on the objection and
may consider thefollowing as part of its consideration and appraisal of the record: the petition andthe objection thereto, the hearing transcript, the hearing examiner's outline,recommendations and
proposal for decision, and any exceptions, briefs, exhibits,offers of proof or arguments presented by the parties.**
The Chairman shall make all necessaryevidentiary rulings, subject to appeal to the entire Board. Where a hearingexaminer has been appointed, he or she will receive all evidence and makeall evidentiary rulings, subject to review bythe entire Board. The Board will not retry issues heard by a hearingexaminer unless the hearing examiner has excluded evidence the Boardbelieves should have been admitted.
In such cases the Board will hear theexcluded evidence and such other evidence as may be appropriate inresponse to the matter excluded.
The Board will not hear evidence thatcould have been but was not presented to the hearing examiner, nor willthe Board consider objections that could have been, but were not raised inthe original objection.