(a) Any Party may, no later than thirty (30) days after
the date of service of the proposal for decision, file exceptions
to the proposal for decision. Replies to the exceptions shall be filed
no later than forty-five (45) days after the date of service of the
proposal for decision. The Examiner, at his discretion, may grant
a reasonable extension of the time for filing of exceptions and replies.
A request for extension of time to file exceptions or replies shall
be filed with the Examiner prior to the deadline for filing same,
and a copy of the request shall be served on all Parties by the Party
making the request. Additional time shall be allowed only when the
interests of justice so require. The Examiner shall have thirty (30)
days from the last timely filing of exceptions or replies to modify
the proposal for decision or otherwise respond.
(b) Upon the expiration of the earlier of the time
to file exceptions (if no exceptions are filed) or the time for the
Examiner to respond to any timely filed exceptions or replies, the
Examiner shall forward the record to the Executive Director and the
proposal for decision may be considered and ruled upon by the Board
or its designee as provided in this chapter. The Examiner's jurisdiction
in the Proceeding terminates at the time for forwarding the record.
(c) Upon review of the record, the Executive Director
may reverse ERS' decision underlying the Proceeding. Otherwise, the
Proceeding will be submitted to the Board or its designee for a final
administrative decision unless it is resolved informally as allowed
by law.
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Source Note: The provisions of this §67.83 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302 |