(a) A party may file any exceptions to the proposal
for decision within 15 calendar days of the date of the proposal for
decision. Any replies to the exceptions shall be filed by other parties
within 15 calendar days of the filing of exceptions. These time limits
may be extended by agreement of the parties and the administrative
law judge (ALJ). Exceptions and replies shall be:
(1) served upon the other party by mail, hand-delivery,
facsimile, any method allowed by the State Office of Administrative
Hearings rules, or any electronic transmission agreed to by the parties;
and
(2) filed with the ALJ in accordance with Texas Administrative
Code, Title 1, Part 7, Chapter 155 (relating to Rules of Procedure).
(b) Any disagreement with a factual finding or conclusion
of law in the proposal for decision not contained in an exception
to the proposal shall be waived.
(c) Each exception or reply to a finding of fact or
conclusion of law shall be concisely stated and shall summarize the
evidence in support of each exception.
(1) Any evidence or arguments relied upon shall be
grouped under the exceptions to which they relate.
(2) In summarizing evidence, the parties shall include
a specific citation to the hearing record where such evidence appears
or shall attach the relevant excerpts from the hearing record.
(3) Arguments shall be logical and coherent and citations
to authorities shall be complete.
(d) Exceptions to the proposal for decision may be
based on the following:
(1) the ALJ has made an incorrect conclusion of law;
(2) the ALJ has failed to make an essential fact finding;
(3) the ALJ applied the incorrect burden or standard
of proof;
(4) the findings of fact do not support the conclusions
of law; or
(5) the ALJ has made a finding of fact that is not
supported by the preponderance of the evidence.
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