| (a) After the record of a hearing has closed, the administrative
law judge shall issue a proposal for decision, stating findings of
fact, conclusions of law and making a recommendation to the commissioner
on the case, or issue a final order, if authorized.
(b) For cases heard by an administrative law judge
employed by the department, the proposal shall be issued within 30
working days from the date that the record of the case is closed.
If the administrative law judge is unable to submit the proposal within
the 30 days, the administrative law judge shall request an extension
from the lead deputy general counsel. Neither the administrative law
judge's failure to request an extension, the lead deputy general counsel's
failure to grant the requested extension, nor the administrative law
judge's failure to submit the proposal within the 30-day extended
period shall in any way affect the validity of the proposal for decision
or the commissioner's jurisdiction, consideration, or action relative
to the proposal for decision.
(c) Any party may, within 15 days after the date of
service of such proposal, file exceptions and briefs to the proposal
with the hearings clerk. Replies to such exceptions and briefs may
be filed with the hearings clerk within 15 days after the date for
filing of such exceptions and briefs. Notwithstanding any provision
of these rules to the contrary, for purposes of this section, the
term "filed" means actually received by the hearings clerk. Any exceptions,
briefs, or replies filed shall be served on parties in accordance
with §1.5 of this chapter (relating to Filing and Service of
Documents). A request for extension of time to file exceptions, briefs,
or replies shall be filed with the hearings clerk and served on all
other parties in accordance with §1.5 of this chapter (relating
to Filing and Service of Documents). The administrative law judge
shall promptly notify the parties of the ruling on any request for
extension and shall allow additional time only in extraordinary circumstances
where the interests of justice so require. A party may submit, and
at the request of the administrative law judge shall submit, proposed
findings of fact to be considered by the administrative law judge
in the preparation of the proposal for decision.
(d) The points involved in such exceptions, briefs,
and replies shall be concisely stated. The evidence in support of
each point shall be abstracted or summarized, and/or briefly stated
in the form of proposed findings of fact. Complete citations to the
page number of the record or exhibit referring to evidence shall be
made. The specific purpose for which the evidence is relied upon shall
be stated. The argument and authorities shall be organized and directed
to each point properly proposed as a finding of fact in a concise
and logical manner. Briefs shall contain a table of contents and authorities.
Briefs, prior to the issuance of a proposal for decision, may be filed
only when requested or permitted by the administrative law judge.
(e) The administrative law judge may amend the proposal
for decision pursuant to exceptions, replies, or briefs submitted
by the parties without the proposal for decision again being served
on the parties.
(f) The failure of a party to properly serve copies
of any exceptions and/or briefs filed in accordance with this section
may result in withholding of consideration of the exceptions and/or
briefs by the administrative law judge.
(g) Upon the expiration of the time for filing exceptions
or replies to exceptions, or after such exceptions and replies have
been filed and considered, the administrative law judge's proposal
for decision shall be considered by the commissioner, who shall render
a decision and issue an order.
(h) In cases where the administrative law judge is
authorized to issue a final order, the order will become final upon
the expiration of the time for filing exceptions or replies to exceptions,
or after such exceptions and replies have been filed and considered.
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| Source Note: The provisions of this §1.25 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039 |
