40 Tex. Admin. Code § 819.198 - Proposal for Decision

(a) The hearing officer shall prepare a proposal for decision containing a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law.

(b) The hearing officer shall submit a copy of the proposal for decision to each party by first-class mail. The parties may submit to the hearing officer exceptions to the proposal for decision and replies to exceptions to the proposal for decision.

(c) Exceptions shall be filed within 15 calendar days after the date of service of the proposal for decision. A reply to the exceptions shall be filed within 15 calendar days of the filing of the exceptions. The date of service shall be presumed to be on the third day after the date on which the proposal for decision is mailed. The hearing officer may extend or shorten the time to file exceptions or replies.

(d) The hearing officer shall review all exceptions and replies and notify the parties as to whether the hearing officer recommends any changes to the proposal for decision.

(e) The hearing officer will not issue a proposal for decision during the 15-day period referenced in §819.196 within which a defaulting party may file a motion to set aside a default and to reopen the record.

Notes

40 Tex. Admin. Code § 819.198

The provisions of this §819.198 adopted to be effective September 27, 2005, 30 TexReg 6065; Adopted by Texas Register, Volume 41, Number 31, July 29, 2016, TexReg 5564, eff. 8/1/2016