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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 91HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
RULE §91.6Issuance and Finality of Decision

(a) After reviewing a PFD, the commissioner or the commissioner's designee issues a signed decision in a contested case. The decision either:

  (1) adopts the findings of fact and conclusions of law contained in the PFD; or

  (2) makes changes in accordance with §91.5 of this chapter (relating to Review of Proposal for Decision).

(b) The commissioner or the commissioner's designee mails the decision by first class mail and by certified mail, return receipt requested, to the parties or their representatives to their last known addresses. A party or representative is presumed to have been notified of the decision on the third day after the date on which the decision is mailed.

(c) In accordance with Texas Government Code, §2001.144, a decision in a contested case is final:

  (1) if a motion for rehearing is not filed in accordance with §91.7 of this chapter (relating to Motion for Rehearing), on the last date a motion for rehearing can be filed in accordance with §91.7 of this chapter;

  (2) if a motion for rehearing is filed in accordance with §91.7 of this chapter, on the date:

    (A) an order overruling the motion for rehearing is signed; or

    (B) the motion for rehearing is overruled by operation of law;

  (3) if DADS finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision, on the date the decision is signed; or

  (4) on the date specified in the decision, if all parties agree to the specified date in writing or on the record and the specified date is not before the date the decision is signed or later than the 20th day after the date the decision is signed.

(d) If a decision is final under subsection (c)(3) of this section, the commissioner or the commissioner's designee recites in the decision the finding made under subsection (c)(3) of this section and the fact that the decision is final and effective on the date signed.


Source Note: The provisions of this §91.6 adopted to be effective January 27, 2011, 36 TexReg 278

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