Sec. 504.1. Decision

(a) At the conclusion of a proceeding except one brought under section 145(3) of the Transportation Law the presiding officer will make a recommended decision to the commissioner. The commissioner may adopt, reject or modify such decision. A copy of the decision as adopted, rejected or modified will be served on all parties. In addition, the commissioner may defer action on any recommendation made by the presiding officer and publish such recommendation with leave to all parties to file exceptions within a time set by the commissioner. Failure to file exceptions within the time allotted shall constitute a waiver of all objections to the recommended decision.

(b) In any proceeding brought under section 145(3) of the Transportation Law, the decision will be made by the presiding officer.