16 Tex. Admin. Code § 22.263 - Final Orders
(a) Form and
Content.
(1) A final order of the commission
shall be in writing and signed by a majority of the commissioners.
(2) A final order shall include findings of
fact and conclusions of law separately stated and may incorporate findings of
fact and conclusions of law proposed within a proposal for decision.
(3) Findings of fact, if set forth in
statutory language, shall be accompanied by a concise and explicit statement of
the underlying facts supporting the findings.
(4) The final order shall comply with the
requirements of §
22.262(b) of
this title (relating to Commission Action After a Proposal for
Decision).
(b) Notice.
Parties shall be notified of the commission's final order as required by
APA.
(c) Effective Date of Order.
Unless otherwise stated, the date a final order is signed is the effective date
of that order, and such date shall be stated therein.
(d) Date That an Order is Signed. An order is
signed on the date shown on the order. If a sworn motion filed under APA
§2001.142(c) is granted, with or without commission action, then,
regardless of the date shown on the order, the date that the commission's order
is considered to be signed shall be the date specified in that sworn motion as
the date that the movant received the order or obtained actual knowledge of the
order. If more than one sworn motion is granted, then the date that the
commission's order is considered to be signed is the latest date specified in
any such granted motions.
(e)
Reciprocity of Final Orders Between States. After reviewing the facts and the
issues presented, a final order may be adopted by the commission even though it
is inconsistent with the commission's procedural or substantive rules provided
that the final order, or the portion thereof that is inconsistent with
commission rules, is a final order, or a part thereof, rendered by a regulatory
agency of some state other than the State of Texas and provided further that
the number of customers in Texas affected by the final order is no more than
the lesser of either 1,000 customers or 10% of the total number of customers of
the affected utility.
Notes
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