16 Tex. Admin. Code § 22.262 - Commission Action After a Proposal for Decision
(a) Commission Action. The commission may
change a finding of fact or conclusion of law made by the administrative law
judge or vacate or modify an order issued by the administrative law judge only
if the commission:
(1) determines that the
administrative law judge:
(A) did not
properly apply or interpret applicable law, commission rules or policies, or
prior administrative decisions; or
(B) issued a finding of fact that is not
supported by a preponderance of the evidence; or
(2) determines that a commission policy or a
prior administrative decision on which the administrative law judge relied is
incorrect or should be changed.
(b) Reasons to Be in Writing. The commission
will state in writing the specific reason and legal basis for its determination
under subsection (a) of this section.
(c) Remand. The commission may remand the
proceeding for further consideration.
(1) The
commission may direct that further consideration by an administrative law judge
be accomplished with or without reopening the hearing and may limit the issues
to be considered.
(2) If additional
evidence is admitted on remand that results in a substantial revision of the
proposed decision or the underlying facts, an amended or supplemental proposal
for decision or proposed order must be filed. If an amended or supplemental
proposal for decision is filed, the provisions of §
22.261(d) of
this title (relating to Proposal for Decision) apply. Exceptions and replies
must be limited to discussions, proposals, and recommendations in the
supplemental proposal for decision.
(d) Oral Argument Before the Commission.
(1) Any party may request oral argument
before the commission before the final disposition of any proceeding.
(2) Oral argument may be allowed at the
commission's discretion. The commission may limit the scope and duration of
oral argument. The party bearing the burden of proof has the right to open and
close oral argument.
(3) A request
for oral argument must be filed as a separate written pleading. The request
must be filed no later than 3:00 p.m. seven days before the open meeting at
which the commission is scheduled to consider the case.
(4) Upon the filing of a motion for oral
argument, the Office of Policy and Docket Management must send a separate
ballot to each commissioner to determine whether the commission will hear oral
argument at an open meeting. An affirmative vote by one commissioner is
required to grant oral argument. Two days before the commission is scheduled to
consider the case, the Office of Policy and Docket Management will file a
notice to the parties regarding whether a request for oral argument has been
granted.
(5) The absence or denial
of a request for oral argument does not preclude the commissioners from asking
questions of any party present at the open meeting.
(e) Commission Not Limited. This section does
not limit the commission in the conduct of its meetings to the specific types
of action outlined in this section.
Notes
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