| (a) The administrative law judge shall proceed with
an expedited review under this division during any ratings appeal
under the Texas Education Code (TEC), §39.151, and shall presume
for purposes of such review that the rating will not change by reason
of the appeal, unless the commissioner of education:
(1) withdraws the rating; or
(2) requests that review of the final decision be abated
pending the outcome of the ratings appeal.
(b) If a rating is adjusted by the commissioner following
an appeal under TEC, §39.151, the administrative law judge shall
order that the adjusted rating be substituted for the original rating.
The Texas Education Agency may change its findings and/or decision
by reason of the additional evidence and shall file the additional
evidence and any changes, new findings, or decisions with the administrative
law judge.
|
| Source Note: The provisions of this §157.1169 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238; amended to be effective September 18, 2014, 39 TexReg 7334 |
