(1) If the presiding officer is not the agency head, the presiding officer shall issue either: (a) A recommended order, which becomes a final order only after review by the agency head in accordance with section 67-5244 , Idaho Code; or (b) A preliminary order, which becomes a final order unless reviewed in accordance with section 67-5245 , Idaho Code. (2) The order shall state whether it is a preliminary order or a recommended order. (3) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of a recommended order or a preliminary order within fourteen (14) days of the service date of that order. The presiding officer shall render a written order disposing of the petition. The petition is deemed denied if the presiding officer does not dispose of it within twenty-one (21) days after the filing of the petition.
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