| (a) Unless a party or the party's authorized representative,
as appropriate, agrees in writing to receive it via facsimile or email,
a copy of the commissioner of education's decision or order shall
be delivered by certified mail to the parties or to their authorized
representatives, as appropriate. Texas Education Agency staff shall
send the copy by facsimile or email to the State Office of Administrative
Hearings (SOAH) if SOAH has issued a proposal for decision in the
case.
(b) All final decisions and orders of the commissioner
under this subchapter shall be in writing and signed. A final decision
or order shall include findings of fact and conclusions of law separately
stated. The findings of fact or conclusions of law may be adopted
by reference to another document.
(c) The commissioner may adopt an order modifying findings
of fact or conclusions of law in a proposal for decision submitted
by the administrative law judge (ALJ) in accordance with the Texas
Government Code, Chapter 2001. The commissioner may remand the matter
back to the ALJ with specific instructions for the ALJ to determine
an essential finding of fact or to apply the correct burden or standard
of proof.
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