When evaluating the hearing examiner’s Proposed Decision, the Board has statutory authority to reject or modify proposed conclusions of law. § 2-4-621(3). The Board may also reject or modify proposed findings of fact, but only after a review of the complete record, and the Board must state with particularity that the modified or rejected findings of fact were not based on competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. Id.
The Board determined the proposed findings of fact in the Proposed Decision are supported by competent substantial evidence in the record and the proceedings on which the findings are based complied with essential requirements of law. § 2-4-621(3).
The Board ADOPTS, without modification, the hearing examiner's proposed FINDINGS OF FACT.
The Board determined the hearing examiner's proposed conclusions of law and interpretation of administrative rules are correct, including the conclusion that the requirements that must be met for a change of ownership of the operator of a livestock market were met and that the share buyer's qualifications to operate a livestock market were examined and found sufficient. § 2-4-621(3).
The Board ADOPTS, without modification, the hearing examiner's CONCLUSIONS OF LAW and interpretation of administrative rules.
The parties to the proposed change of ownership—Sandra Nuffer (Nuffer) and Barry and