| (2) In the event of any conflict between the SOAH rules of procedure and the TDI rules of procedure, the rules of TDI control, unless otherwise specifically stated in the SOAH rules of procedure (see 1 TAC §155.5). In the event of any conflict between the procedures in the Insurance Code, Article 1.33(B)(c), and either the SOAH rules of procedure or
the TDI rules of procedure, the procedures in the Insurance Code, Article 1.33B(c), control in rate promulgation proceedings. (3) Any party may appeal any interim order issued by the ALJ to the commissioner. An order entered by the commissioner on any appeal of an interim order is binding upon the parties and the ALJ subject to the right of an aggrieved person to seek judicial relief. (4) The ALJ shall establish reasonable deadlines and procedures for the filing of affidavits, the designation of witnesses, and such other matters as are necessary or appropriate. (5) The respondent in any non-rate promulgation or non-rate approval proceeding shall file a written response with the ALJ in accordance with §1.88 of this title (relating to Written Response to Notice of Hearing) and the SOAH rules of procedure. (6) If the commissioner or the commissioner's designee informally disposes of a contested case by
stipulation, agreed settlement, consent order, agreed order or default as provided in the Insurance Code, Article 1.10(7)(d), and the Government Code, §2001.056, the appropriate party or parties shall file a request to withdraw the case from the SOAH docket and include a copy of the order. SOAH shall then issue an order withdrawing the case from the SOAH docket. (7) In non-rate promulgation proceedings where the parties stipulate that there are no issues in dispute, and a hearing is required by statute, the ALJ shall convene the hearing, allow the parties to present evidence and stipulate to the facts, recess the hearing, and allow the parties to present an agreed order to the commissioner. (8) TDI shall provide court reporting services for all hearings held by SOAH. (g) Final orders. (1) The ALJ shall prepare and issue the proposal for decision and a proposed order. Legal citations in the proposed order
shall be made in accordance with the Texas Rules of Form. The proposal for decision shall include proposed findings of fact and conclusions of law. The commissioner may not attempt to influence the ALJ's findings of fact, conclusions of law, or the ALJ's application of the law to the facts in any proceedings. Unless otherwise provided by statute, or ordered by the commissioner prior to the referral of the case, the ALJ shall issue a proposal for decision and proposed order no later than the 60th day after the date the record is finally closed. (2) The ALJ shall submit the proposal for decision and the proposed order to the commissioner and shall serve true and correct copies of the proposal for decision and the proposed order by registered mail upon the parties. By transmittal letter, the ALJ shall establish deadlines and give each party the opportunity to file exceptions to the proposal and order, briefs and reply briefs related to the issues addressed in
the proposal for decision and proposed order. The deadlines shall be in accordance with TDI's rules of procedures and applicable policies. (3) The ALJ may amend the proposal for decision and proposed order pursuant to exceptions, briefs, and reply briefs without the proposal for decision and proposed order again being served on the parties. The ALJ shall promptly provide a copy of any amended proposals for decision and proposed orders to the commissioner and all parties. (4) The commissioner may consider the proposal for decision and proposed order prepared by the ALJ, the exceptions, briefs, reply briefs, and the arguments of the parties entirely upon written submission or in a public meeting. If considered in a public meeting, then the notice will be published in the Texas Register. At the request of the commissioner, the ALJ shall be available to present the proposal for decision and proposed order either at the open meeting or in such
other forum where all parties are provided an opportunity to participate. However, the commissioner shall consider proposals for decisions and rate orders relating to rate promulgation proceedings at an open meeting. (5) The commissioner may amend the proposal for decision or the proposed order, including any finding of fact or conclusion of law. In non-rate promulgation proceedings, the commissioner may amend the proposal for decision or order only for policy reasons stating the reason and legal basis in writing. However, in rate promulgation proceedings, any commissioner amendment to the proposed order shall be accompanied by an explanation of the basis for the amendment. The commissioner's order promulgating the rate, including any amendment thereto, shall be based solely upon the record made before the ALJ. (6) If the commissioner seeks clarification or additional information relating to the proposed order, the commissioner may send
written questions, including a request to reopen the hearing if necessary to the ALJ with copies to all parties of record. If the information necessary to respond to the commissioner's questions is not already in evidence, the ALJ shall treat the commissioner's request as a "remand" of the case for further hearing and shall notify all parties of record of the remand. (7) Upon the commissioner's issuance of any order that may become final under the Government Code, §2001.144, TDI's docket clerk shall send a copy of the order by certified mail, return receipt requested, pursuant to the Insurance Code, Article 1.10B, and by first-class mail, pursuant to the Government Code, §2001.142, to the parties or their representatives, and to SOAH. TDI's docket clerk shall keep an appropriate record of the mailing. (h) Motions for rehearing. The commissioner may state in a written order or on the record the decision as to a
motion for rehearing, or may allow the motion for rehearing to be overruled by operation of law and take no action. When a motion for rehearing is granted and if the commissioner remands for further proceedings, the ALJ, upon notice to all parties of record, shall convene the rehearing under the same docket as the original hearing. (i) Custody of the hearing record. (1) SOAH shall maintain the official record in a contested case from the time TDI refers the case to SOAH until the occurrence of the events in either subparagraph (A) or (B) of this paragraph, as follows: (A) the entry of an order by an ALJ to withdraw or dismiss a case from the SOAH docket either by the granting of a party's motion or on the ALJ's own motion; or (B) the close of the tenth day following the expiration of the deadline for filing replies to exceptions to the ALJ's proposal for decision. (2) Prior to
the occurrence of the event in either paragraph (1)(A) or (B) of this subsection, any request for a copy of any portion or all of the record shall be directed to SOAH. Requests for official copies shall be directed to SOAH as the official custodian authorized to certify as to the completeness of the record before the conclusion of the administrative hearing process. No charge will be made for any certifications of the record or for audio copies of the hearing record when the blank tape cassettes are provided by the requester. (3) After the occurrence of the events in either paragraph (1)(A) or (B) of this subsection, the duty of official custodian of the record shall be transferred to TDI. SOAH shall deliver the official record to TDI along with a certified statement that the documents delivered constitute the complete record in the case. Any request for a copy of any portion or all of the record shall then be directed to TDI, as the official custodian authorized
to certify as to the completeness of the record. No charge will be made for any certifications of the record or for audio copies of the hearing record when the blank tape cassettes are provided by the requester. In the event a contested case is remanded by the Commissioner to the ALJ, the record shall be transferred back to SOAH with the Commissioner's order remanding the case. The record shall then be maintained and subsequently transferred under the terms of this subsection, as if it were a case of original referral to the SOAH.
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