| (a) The final decision is based solely upon the record of the individual case, is in writing, and includes the findings of fact and conclusions of law in separate statements. (b) Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. (c) Findings of fact must be based exclusively on the evidence and on matters officially noticed. If a party submits a proposed finding of fact, the decision must include a ruling on each proposed finding. (d) The statement of findings must explicitly declare whether or not a preponderance of the evidence supports the department's determination that the alleged perpetrator is responsible for abuse or neglect of a child, or for abuse, neglect, or exploitation of an aged or disabled adult. (e) The administrative law judge enters the orders that are necessary
to implement his decision. He may also make any other recommendations that he considers appropriate. (f) The decision is mailed by certified mail, return receipt requested, or personally delivered to the petitioner or his attorney and to the respondent. (g) Either party may file a written motion for a rehearing. This motion must be addressed to the administrative law judge and must be filed within 20 days after the date that the final decision was mailed. Replies to a motion for a rehearing must be filed within 30 days after the date that the final decision was rendered. The administrative law judge either grants or denies the motion for a rehearing within 45 days after the date that the final decision was rendered. If the administrative law judge does not rule on the motion for rehearing, the motion is overruled by operation of law 45 days after the date the party or his attorney is notified of the final decision or order.
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| Source Note: The provisions of this §730.1716 adopted to be effective January 1, 1990, 14 TexReg 5937; amended to be effective August 1, 1991, 16 TexReg 3779; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279; amended to be effective September 1, 1993, 18 TexReg 4648.
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