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RULE §1.55The Hearing Decision

(a) Basis for decision. A decision made following a fair hearing shall be based exclusively on the evidence introduced at the hearing from the documents submitted by the affected person and the department if no oral testimony is taken. Otherwise, a decision shall be based on the record of the hearing. The hearing examiner may have the delegated authority to make a final decision.

(b) Record. The record of the hearing shall consist of the transcript or recording of the testimony; the exhibits, documents and requests filed in the proceeding; the recommendation of the hearing examiner, if applicable; and the decision.

(c) The decision.

  (1) The hearing examiner may render a final decision if the commissioner of health has delegated such authority.

  (2) If a hearing examiner has not been delegated authority from the commissioner of health to render a final decision, the hearing examiner shall prepare a recommendation for decision and provide it to the parties to a hearing. The parties to a hearing may provide to the hearing examiner a response to the recommendation. The recommendation and any responses shall be submitted to the commissioner of health or commissioner's designee for final decision.

  (3) Each decision shall summarize the testimony and evidence, decide the facts, and identify evidence and regulations supporting the decision. The decision need not include separately stated findings of fact and conclusions of law.

(d) Notification of decision. Unless otherwise specified in applicable regulations, the decision shall be made as soon as practicable, but no later than 60 days from the date of the close of hearing, unless such date is extended for good cause as determined by the hearing examiner. The affected person shall be sent the final decision by first class mail within ten days of the date the decision is rendered.

Source Note: The provisions of this §1.55 adopted to be effective June 23, 1986, 11 TexReg 2589; amended to be effective April 14, 1997, 22 TexReg 3294.

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