25 Tex. Admin. Code § 1.27 - Action After the Hearing

(a) Proposed findings of fact and conclusions of law. The ALJ may invite parties to file briefs. Such briefs, if solicited, may contain proposed findings of fact and conclusions of law. Findings of fact and conclusions of law submitted may be adopted by the ALJ in the proposal for decision. Neither the ALJ nor the final decision-maker need rule on any proposed findings of fact and conclusions of law.

(b) Proposal for decision.

(1) The ALJ shall prepare the proposal for decision and provide copies to all parties.

(2) Each party having the right and desire to file exceptions and briefs shall file them with the ALJ and the commissioner within 20 days after the date of the proposal for decision.

(3) Parties desiring to do so shall file written replies and briefs to these exceptions and briefs with the ALJ and the commissioner within 15 days after the date of the exceptions.

(4) All exceptions and replies to them shall be succinctly stated.

(5) Failure to reply or except may be construed as agreement with the proposal or exceptions.

(c) Reopening of hearing for new evidence.

(1) The commissioner may reopen a hearing where new evidence is offered which was unobtainable or unavailable at the time of the hearing.

(2) The department shall reopen a hearing to include such new evidence as part of the record if the commissioner deems such evidence necessary for a proper and fair determination of the case. The reopened hearing will be limited to only such new evidence.

(3) Notice of any reopened hearing shall be provided to all previously designated parties, by certified mail, return receipt requested.

(d) Final orders or decisions.

(1) The final order or decision of the department will be rendered by the commissioner or by the authorized designee of the commissioner.

(2) All final orders or decisions shall be in writing and shall set forth the findings of fact and conclusions required by law, either in the body of the order, by attachment, or by reference to an ALJ's proposal for decision.

(3) Unless otherwise permitted by statute or by these sections, all final orders shall be signed by the commissioner, or his designee; however, interim orders may be issued by the ALJ.

(e) Motion for rehearing. A motion for rehearing shall be governed by the APA or other pertinent statute and shall be filed with the commissioner.

(f) Appeals. All appeals from final department orders or decisions shall be governed by the APA or other pertinent statute and shall be addressed to the commissioner.

Notes

25 Tex. Admin. Code § 1.27

The provisions of this §1.27 adopted to be effective November 15, 2001, 26 TexReg 9093