|(a) Within a reasonable time after the conclusion of
the hearing, the Administrative Law Judge (ALJ) shall prepare and
serve on the parties a proposal for decision that includes the ALJ's
findings of fact and conclusions of law.
(b) In the proposal for decision, the ALJ may recommend
to the board as an appropriate disciplinary sanction, either the relief
sought by board staff or another sanction, upon a finding of a violation
in accordance with §78.9 and §78.10 of this title (relating
to Disciplinary Guidelines and Sanctions, respectively). In a licensure
case, the ALJ's recommendation shall be either the relief sought by
the board staff, or other action in accordance with Chapter 78 of
this title (relating to Rules of Practice), the Chiropractic Act
or other applicable law.
(c) Any party of record who is adversely affected by
the proposal for decision of the ALJ may file exceptions and a supporting
brief to the proposal for decision within 15 days after the date of
service of the proposal for decision. A reply to the exceptions may
be filed by the other party within 15 days of the filing of exceptions.
Exceptions and replies shall be filed with the ALJ, with a copy served
on the opposing party.
|Source Note: The provisions of this §81.9 adopted to be effective January 29, 2015, 40 TexReg 380; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963