(a) Commission Action. The commission may change a finding
of fact or conclusion of law made by the administrative law judge or vacate
or modify an order issued by the administrative law judge only if the commission:
(1) determines that the administrative law judge:
(A) did not properly apply or interpret applicable law, commission
rules or policies, or prior administrative decisions; or
(B) issued a finding of fact that is not supported by a preponderance
of the evidence; or
(2) determines that a commission policy or a prior administrative
decision on which the administrative law judge relied is incorrect or should
be changed.
(b) Reasons to Be in Writing. The commission shall state in
writing the specific reason and legal basis for its determination under subsection
(a) of this section.
(c) Remand. The commission may remand the proceeding for further
consideration.
(1) The commission may direct that further consideration by
an administrative law judge be accomplished with or without reopening the
hearing and may limit the issues to be considered.
(2) If, on remand, additional evidence is admitted that results
in a substantial revision of the proposed decision or the underlying facts,
an amended or supplemental proposal for decision or proposed order shall be
prepared. If an amended or supplemental proposal for decision is prepared,
the provisions of §22.261(d) of this title (relating to Proposal for
Decision) apply. Exceptions and replies shall be limited to discussions, proposals,
and recommendations in the supplemental proposal for decision.
(d) Oral Argument Before the Commission.
(1) Any party may request oral argument before the commission
prior to the final disposition of any proceeding.
(2) Oral argument shall be allowed at the discretion of the
commission. The commission may limit the scope and duration of oral argument.
The party bearing the burden of proof has the right to open and close oral
argument.
(3) A request for oral argument shall be made in a separate
written pleading, filed with the commission's filing clerk. The request shall
be filed no later than 3:00 p.m. on the seventh working day preceding the
date upon which the commission is scheduled to consider the case.
(4) Upon the filing of a motion for oral argument, the Policy
Development Division shall send separate ballots to each commissioner to determine
whether the commission will hear oral argument at an open meeting. An affirmative
vote by one commissioner is required to grant oral argument. Not more than
two days before the commission is scheduled to consider the case, the parties
may contact the Policy Development Division to determine whether a request
for oral argument has been granted.
(5) The absence or denial of a request for oral argument shall
not preclude the commissioners from asking questions of any party present
at the open meeting.
(e) Commission Not Limited. This section does not limit the
commission in the conduct of its meetings to the specific types of action
outlined in this section.
|
Source Note: The provisions of this §22.262 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective March 10, 1999, 24 TexReg 1613; amended to be effective March 26, 2001, 26 TexReg 2351 |