Proposed Recommended Order

Goal: Prepare a proposed recommended order you would like the court to enter in the Joseph Johnson case. Your order must comply with the substantive requirements of the MSAPA section 413(d) & (e) which I have set forth in this document. (You can find the entire section in the course content area; it is located under section 413 in the MSAPA document.)

Grading: This assignment is worth 15 points which is 15% of your final grade. You will
receive individualized feedback in the form of written comments and a rubric.
The breakdown of the grading will be as follows:

Substantive Content: 75%

Organization & Format:25%

Your job:
Now that the trial is over, pursuant to MSAPA 413 (d) & (e) 1the court has asked both sides to prepare proposed “findings of fact and conclusions of law” supporting your desired outcome in this case. Regardless of which party you represented in the trial proceedings, you are now required to prepare proposed findings of fact and conclusions of law in this case. Your proposal should include the facts you would like the court to find which support your argument in the case. If you represent Mr. Johnson, you want to select facts that support no wrongdoing on his part and which immediately reinstate his license. If you represent the Nursing Board, then you should select facts that support suspension of his license. Either way, you will have to make discrete findings to support the court’s ruling. You will also have to include law to support your outcome. You are not limited to the law of this case but can be as creative as you desire in relying on any body of law or laws you desire to support your outcome.

Length: Your Proposed Order must be at least 5 pages long but no more than 7 pages in total length.

Format: The order should be in Times New Roman 12 point font, double-spaced, 1 inch
margins with page numbers at the bottom center of each page.

MSAPA 413(d) &(e)
“A recommended, initial, or final order must separately state findings of fact and conclusions of law on all material issues of fact, law, or discretion, the remedy prescribed, and, if applicable, the action taken on a petition for a stay. The presiding officer may permit a party to submit proposed findings of fact and conclusions of law. The order must state the available procedures and time limits for seeking reconsideration or other administrative relief and must state the time limits for seeking judicial review of the agency order. A recommended or initial order must state any circumstances under which the order, without further notice, may become a final order. (e) Findings of fact must be based exclusively on the evidence and matters officially noticed in the hearing record in the contested case.”

 

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