25 Tex. Admin. Code § 1.55 - The Hearing Decision
(a) Basis for
decision. A decision made following a fair hearing shall be based exclusively
on the evidence introduced at the hearing from the documents submitted by the
affected person and the department if no oral testimony is taken. Otherwise, a
decision shall be based on the record of the hearing. The hearing examiner may
have the delegated authority to make a final decision.
(b) Record. The record of the hearing shall
consist of the transcript or recording of the testimony; the exhibits,
documents and requests filed in the proceeding; the recommendation of the
hearing examiner, if applicable; and the decision.
(c) The decision.
(1) The hearing examiner may render a final
decision if the commissioner of health has delegated such authority.
(2) If a hearing examiner has not been
delegated authority from the commissioner of health to render a final decision,
the hearing examiner shall prepare a recommendation for decision and provide it
to the parties to a hearing. The parties to a hearing may provide to the
hearing examiner a response to the recommendation. The recommendation and any
responses shall be submitted to the commissioner of health or commissioner's
designee for final decision.
(3)
Each decision shall summarize the testimony and evidence, decide the facts, and
identify evidence and regulations supporting the decision. The decision need
not include separately stated findings of fact and conclusions of
law.
(d) Notification of
decision. Unless otherwise specified in applicable regulations, the decision
shall be made as soon as practicable, but no later than 60 days from the date
of the close of hearing, unless such date is extended for good cause as
determined by the hearing examiner. The affected person shall be sent the final
decision by first class mail within ten days of the date the decision is
rendered.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.