40 Tex. Admin. Code § 807.365 - Hearing Decision and Final Review by the Agency

(a) Within 10 days after the hearing is held, the hearing officer shall issue a written decision granting or denying the request for the issuance of a cease and desist order that includes findings of fact and conclusions of law. The hearing decision shall be mailed by certified mail, return receipt requested, and is presumed received five days from the date it is mailed. The hearing officer's decision becomes final the 15th day after receipt of the hearing decision unless an appeal is filed under subsection (b) of this section.

(b) A party that is not satisfied with the decision of the hearing officer may file a written appeal of the decision to the Agency for a final review no later than the 15th day after receipt of the hearing decision. The written appeal shall contain the party's arguments as to why the decision of the hearing officer should be reversed.

(c) Upon receipt of the written appeal of the hearing officer's decision, the Agency shall consider the appeal and issue a decision promptly. The Agency shall consider the appeal on the basis of the record made before the hearing officer. The decision of the Agency shall be mailed by certified mail, return receipt requested, and is presumed received five days from the date it is mailed.

Notes

40 Tex. Admin. Code § 807.365

The provisions of this §807.365 adopted to be effective January 23, 2012, 37 TexReg 200; Amended by Texas Register, Volume 41, Number 46, November 11, 2016, TexReg 9026, eff. 11/14/2016; Amended by Texas Register, Volume 47, Number 47, November 25, 2022, TexReg 7927, eff. 11/28/2022