Texas Administrative Code

Texas Administrative Code

TITLE 1	ADMINISTRATION
PART 7	STATE OFFICE OF ADMINISTRATIVE HEARINGS
CHAPTER 155	RULES OF PROCEDURE
SUBCHAPTER J	DISPOSITION OF CASE
RULE §155.507	Proposals for Decision; Exceptions and Replies

(a) Submission of the proposal for decision. For contested cases in which a proposal for decision is issued, the judge shall submit the proposal for decision to the referring agency and furnish a copy to each party.

(b) Exceptions and replies. The parties may submit to the judge and the referring agency exceptions to the proposal for decision and replies to exceptions to the proposal for decision.

(1) Unless the referring agency's rules apply by statute, exceptions shall be filed within 15 days after the date the proposal for decision is issued.

(2) A reply to the exceptions shall be filed within 15 days of the filing of the exceptions.

(3) A motion to change the time to file exceptions or replies to exceptions shall be filed no later than the applicable deadline. The judge may change the time to file exceptions or replies if:

(A) good cause is shown for the requested change; or

(B) all parties agree.

(c) Judge's review of exceptions and replies. The judge shall review all exceptions and replies and notify the referring agency and parties whether the judge recommends any changes to the proposal for decision.

(d) Judge's authority. The judge may:

(1) amend the proposal for decision in response to exceptions and replies to exceptions; and

(2) correct any clerical errors in the proposal for decision.

Source Note: The provisions of this §155.507 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593