| (a) Proposal for Decision or Order. The ALJ shall adjourn
the hearing after all evidence has been received in contested cases
held under the Act not governed by §148.15 of this title (relating
to Final Decision by ALJ).
(b) Description of Proposal for Decision or Order.
The proposal for decision or order must be based solely upon the record
of the individual case. It must be in writing and include:
(1) a statement of the reasons upon which the decision
is based;
(2) findings of fact based on the evidence presented
and matters officially noticed. If there is evidence presented regarding
the ability of a party to pay the amount of a proposed sanction or
bonding amount in a hearing involving assessment of sanctions under
Labor Code §415.021, the ALJ shall make findings of fact on those
issues;
(3) conclusions of law based on the findings of fact
and other legal requirements of the law;
(4) the sanction or order recommended by the ALJ;
(5) a conclusion of whether the division is authorized
by the Act or division rules to take disciplinary or sanction action
against the petitioner; and
(6) the proposal for decision or order may also contain:
(A) a summary of the evidence presented by each party;
and
(B) a list of all mitigating circumstances and a list
of all aggravating circumstances, separately stated, which are necessary
for the commissioner to have a complete understanding of the case.
(c) Furnishing Proposal for Decision or Order. SOAH
shall furnish the proposal for decision or order to:
(1) the Chief Clerk of Proceedings; and
(2) the parties of the hearing. SOAH shall furnish
the proposal for decision or order by verifiable means and retain
information on the date, address, person or entity served, and the
means of service
(d) Filing of Briefs and Exceptions. If a party files
a brief or exception to the proposal for decision or order or replies
to the exceptions or brief with SOAH, it must also file a copy with
the Chief Clerk of Proceedings.
(e) Commissioner's Hearing on the Proposal for Decision
or Order.
(1) A party may submit a request for a commissioner's
hearing to consider arguments with the Chief Clerk of Proceedings
within 10 days after SOAH issues the proposal for decision or order.
(2) The commissioner may determine if a hearing is
necessary to consider arguments, whether or not a request for a hearing
has been filed. If such a determination is made, the commissioner
shall consider the case at a posted hearing of the division, no later
than 120 days after:
(A) SOAH provides the division with the proposal for
decision or order;
(B) the date of the ALJ's comments or response to any
exceptions or briefs and any replies to such exceptions or briefs;
or
(C) the expiration of the ALJ's deadline for such response
in accordance with Title 1 TAC §155.507 (relating to Proposal
for Decision).
(3) If the commissioner determines that a hearing is
not necessary, the division will notify any requestors and the commissioner
shall consider the case after the later of:
(A) the issuance of the proposal for decision or order;
(B) the date of the expiration of the ALJ's comments
or response to any exceptions or briefs and any replies to such exceptions
or briefs; or
(C) the expiration of the ALJ's deadline for such response
in accordance with Title 1 TAC §155.507.
(f) Issuance of Decision or Order That May Become Final.
The commissioner shall issue a decision or order that may become final
in contested cases under this section pursuant to Labor Code §§407.046,
407A.007, 415.0211, and 415.034. A decision or order that may become
final will become final in accordance with Government Code §2001.144.
In all other cases, the commissioner shall issue a final decision
or order and no motion for rehearing will be considered.
(g) Motion for Rehearing. A motion for rehearing may
be filed in contested cases under this section pursuant to Labor Code §§407.046,
407A.007, 415.0211, and 415.034. The procedures of the Government
Code, Chapter 2001, Subchapter F govern a motion for rehearing under
this section. A motion for rehearing is a prerequisite for filing
an appeal of a decision or order under Labor Code §§407.046,
407A.007, 415.0211, or 415.034.
(h) Notification. The Chief Clerk of Proceedings shall
notify the parties to a contested case of the final decision or order
of the commissioner by verifiable means.
(i) Exhaustion of Administrative Remedies. The notification
to a party of the commissioner's final decision or order constitutes
exhaustion of all administrative remedies.
(j) Judicial Review. A party dissatisfied with a decision
or order of the commissioner may seek judicial review as provided
in the Act in accordance with the APA. Judicial review will be in
accordance with the Act and the Government Code §§2001.171,
2001.172, and 2001.174.
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