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RULE §67.81Examiner's Proposal for Decision

(a) If, in a Proceeding, a majority of the Board or its designee has not heard the case or read the record, the decision by the Board or its designee, if adverse to a Party to the Proceeding other than ERS, may not be made until a proposal for decision is served on the Parties, and an opportunity is afforded each Party adversely affected to file exceptions and supporting briefs with the Examiner. The proposal for decision must contain a statement of the reasons for the recommended decision and of each adopted finding of fact and conclusion of law necessary to support the recommended decision, prepared by the Person who conducted the hearing or by one who has read the record, including Pleadings, exhibits and testimony admitted or offered into evidence. In addition, the proposal for decision shall contain a statement of the nature of the case, a discussion of the issues, the evidence, and the applicable law. A proposal for decision, and any adopted findings of fact or conclusions of law cited therein, not expressly adopted by the Board or its designee as its own shall not be considered to be a statement of the policy of the Board or ERS and shall not be cited as such or relied upon as controlling authority or as a precedent in a proposal for decision in a subsequent Proceeding.

(b) Upon completion of the hearing and the proposal for decision, the Examiner shall forward the proposal for decision and the record to the Executive Director, and the Examiner no longer has jurisdiction in the Proceeding. Ordinarily, a proposal for decision shall be submitted not later than the 60th day after the conclusion of the hearing.

(c) The Examiner shall serve a copy of the proposal for decision on every Party.

Source Note: The provisions of this §67.81 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective March 26, 2000, 25 TexReg 2400; amended to be effective September 14, 2006, 31 TexReg 7359

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