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RULE §81.10Board Order

(a) The board shall render the final decision in all cases, including the denial of a license or registration, revocation, temporary suspension, reprimand, and/or administrative penalties. The final order of the board shall be in writing. A party or the ALJ may submit to the board a proposed order based on the proposal for decision for consideration by the board. The board, with the advice of its legal counsel, will determine the form and content of the board's final order.

(b) The proposal for decision may be acted on by the board after the expiration of 10 business days after the filing of replies to exceptions to the proposal for decision.

(c) It is the policy of the board that it may change recommended findings of fact or conclusions of law in a proposal for decision, or vacate or modify an order issued by the ALJ when the board determines:

  (1) that the ALJ did not properly apply or interpret applicable law or rules, board policies or prior administrative decisions;

  (2) that a prior administrative decision of the board on which the ALJ relied is incorrect or should be changed; or

  (3) that a technical error in a finding of fact should be changed.

(d) If the board modifies, amends, or changes a recommended finding of fact or conclusion of law, or order of the ALJ, the board's final order shall state the legal basis and the specific reasons for the change.

(e) A copy of the final order shall be mailed to all parties.

(f) The decision of the board is immediate, final and appealable upon the signing of the written order by the board where:

  (1) the board finds and states in the order that an imminent peril to the public health, safety, and welfare requires immediate effect of the order; and

  (2) the order states it is final and effective on the date rendered.

(g) Motions for rehearing are governed by the APA, Subchapter F. A motion for rehearing and replies to a motion shall be filed with the board, with a copy to the opposing party and the ALJ.

(h) Alternative Methods of Service. Upon agreement of the party to be notified, the Board may utilize electronic means sent to the current electronic-mail or telecopier number of the party's attorney of record or of the party if the party is not represented by counsel.

Source Note: The provisions of this §81.10 adopted to be effective January 29, 2015, 40 TexReg 380; amended to be effective November 24, 2015, 40 TexReg 8217; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963

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