(a) A written hearing decision will be made by the commissioner or by a person designated to act on behalf of the commissioner and must be based exclusively on the record and testimony introduced at the hearing.

(b) The decision will be issued as promptly as possible, but in any event within 120 days of the conclusion of the hearing or the closing of the record. The decision must describe the issues, recite the relevant facts, the pertinent provisions of law, regulation and State-approved policy, make appropriate findings, determine the issues, state reasons for the determinations, and when appropriate, direct specific action.

(c) The decision is the final agency action and is binding upon the parties.

(d) A copy of the decision will be sent to each of the parties and their representatives, if any.

(e) In the letter transmitting the decision, clear reference must be made to the availability of judicial review by the appellant, if the decision is adverse to the appellant, either in whole or in part.