(a) For appeals of orders and decisions of the executive
director concerning brucellosis see §35.2(l) and §35.2(p)
of this title.
(b) For appeals of orders and decisions of the executive
director concerning CWD Herd Certification Program see §40.3(h)
of this title.
(c) For appeals of orders and decisions of the executive
director concerning fever ticks see §41.8(3) and §41.11
of this title.
(d) For appeals of orders and decisions of the executive
director concerning tuberculosis see §43.2(k) of this title.
(e) For appeals of orders and decisions of the executive
director concerning authorized personnel see §47.7 of this title.
(f) For appeals of orders and decisions of the executive
director concerning piroplasmosis see §49.6(g) of this title.
(g) For appeals of executive declarations of high risk
disease movement restriction zones see §59.11(g) of this title.
(h) For appeals of all other orders and decisions of
the executive director not enumerated above, the following procedure
applies:
(1) A person receiving a written order or decision
from the commission or executive director must file a notice of appeal
no later than 15 days from receipt of the decision. The notice of
appeal must be filed in writing with the executive director at the
commission's office in Austin. The notice of appeal must attach copy
of the order or decision being appealed and specifically state the
issues for consideration on appeal.
(2) If a timely request is made, the commission shall
determine if a contested hearing is authorized under the relevant
statutory provisions and rules. If so, the commission shall refer
the matter to SOAH for a hearing.
(3) After the conclusion of the hearing, the ALJ shall
make findings of fact and conclusions of law and promptly issue to
the commission a proposal for a decision about the issues appealed
in accordance with §2001.062 of Texas Government Code and SOAH
rules.
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