| (a) After the time for filing exceptions and replies
to exceptions expires and the proposal for decision is forwarded to
the Texas Education Agency, the State Board of Education (SBOE) shall
consider the proposal for decision and any exceptions and replies
in public session and shall enter a written decision adopting or modifying
and adopting the proposed decision or remanding the matter to the
State Office of Administrative Hearings for further proceedings.
(b) No public testimony shall be heard on the question
of adopting, modifying, or remanding the proposal for decision. No
information other than the record of the proceedings conducted by
the administrative law judge, the proposal for decision, and the exceptions
and replies of the parties shall be heard, considered, or discussed
by the SBOE concerning the contested case.
(c) All final decisions or orders of the SBOE shall
be in writing and signed by the chair, if voting in favor of the decision,
or by a member selected by those voting in favor of the decision.
A final decision shall include findings of fact and conclusions of
law separately stated. Findings of fact, if set forth in statutory
language, shall be accompanied by a concise and explicit statement
of the underlying facts supporting the findings.
(d) The decision of the SBOE may incorporate by reference
the proposal for decision in whole or in part, and such incorporation
by reference may constitute compliance with subsection (c) of this
section. If the decision of the SBOE modifies the proposal for decision
in any respect, the SBOE shall specify the portions modified and shall
set out in full the affected language as modified by the decision
of the SBOE.
(e) Party representatives shall be simultaneously notified
either personally, by facsimile transmission, or overnight courier
of each decision or order. For purposes of §157.4 of this title
(relating to Motions for Rehearing), a party present at a meeting
of the SBOE at which a public vote is taken shall be deemed notified
of the decision or order on the date of the vote.
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