<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 91HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
RULE §91.5Review of Proposal for Decision

(a) The commissioner or the commissioner's designee reviews a PFD issued by an ALJ, exceptions to the PFD, and a reply to the exceptions. The commissioner or commissioner's designee may change a finding of fact or conclusion of law, or may vacate or modify an order issued by the ALJ only if the commissioner or designee determines:

  (1) that the ALJ did not properly apply or interpret applicable law, rule, policy provided to the ALJ, or prior administrative decision;

  (2) that the ALJ relied on a prior administrative decision that is incorrect and should not be relied upon; or

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

(b) The commissioner or the commissioner's designee states in writing the specific reason and legal basis for a change made in accordance with this section.


Source Note: The provisions of this §91.5 adopted to be effective January 27, 2011, 36 TexReg 278

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page