40 Tex. Admin. Code § 730.1716 - Decisions
(a) The final
decision is based solely upon the record of the individual case, is in writing,
and includes the findings of fact and conclusions of law in separate
statements.
(b) Findings of fact,
if set forth in statutory language, must be accompanied by a concise and
explicit statement of the underlying facts supporting the findings.
(c) Findings of fact must be based
exclusively on the evidence and on matters officially noticed. If a party
submits a proposed finding of fact, the decision must include a ruling on each
proposed finding.
(d) The statement
of findings must explicitly declare whether or not a preponderance of the
evidence supports the department 's determination that the alleged perpetrator
is responsible for abuse or neglect of a child, or for abuse, neglect, or
exploitation of an aged or disabled adult.
(e) The administrative law judge enters the
orders that are necessary to implement his decision. He may also make any other
recommendations that he considers appropriate.
(f) The decision is mailed by certified mail,
return receipt requested, or personally delivered to the petitioner or his
attorney and to the respondent.
(g)
Either party may file a written motion for a rehearing. This motion must be
addressed to the administrative law judge and must be filed within 20 days
after the date that the final decision was mailed. Replies to a motion for a
rehearing must be filed within 30 days after the date that the final decision
was rendered. The administrative law judge either grants or denies the motion
for a rehearing within 45 days after the date that the final decision was
rendered. If the administrative law judge does not rule on the motion for
rehearing, the motion is overruled by operation of law 45 days after the date
the party or his attorney is notified of the final decision or order.
Notes
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