; or (ii) the decision embodies an erroneous application of the anti-doping and medication rules previously approved by the Commission. (C) Nature of review In matters reviewed pursuant to this subsection, the Commission may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, on the basis of the record before the administrative law judge and briefs submitted to the Commission. The Commission shall give deference to a factual finding by the administrative law judge unless such finding is clearly erroneous. The Commission shall review a conclusion of law by the administrative law judge de novo. The Commission shall not permit the taking of additional evidence except upon a showing that such additional evidence is material and that such evidence could not in the exercise of reasonable diligence have been adduced previously. (4) Stay of proceedings Review by an administrative law judge or the Commission pursuant to subsection (i) shall not operate as a stay of any final sanction of the Authority unless the administrative law judge or Commission otherwise orders. 6. Horseracing anti-doping and medication control program required (a) Program required Not later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5 and after notice to and with appropriate opportunity for comment from equine industry representatives and the public, the Authority shall develop and administer the horseracing anti-doping and medication control program for covered horses, covered persons, and covered horseraces. (b) Elements of program The horseracing anti-doping and medication control program shall include the following: (1) A uniform set of anti-doping and medication control rules. (2) Lists of permitted and prohibited substances (which may include, without limitation, drugs, medications, naturally occurring substances and synthetically occurring substances) and methods. (3) A prohibition upon the administration