| (a) Proposal for decision. For contested cases in which
the judge does not have authority to issue a final decision, the judge
shall prepare a proposal for decision.
(b) Submission of the proposal for decision. The judge
shall submit the proposal for decision to the executive director and
furnish a copy to each party.
(c) Exceptions and replies. A party may submit to the
judge an exception to the proposal for decision or a reply to an exception.
The party must file a copy of the exception to the proposal for decision
or the reply with the executive director, regardless of whether the
final order in the case is to be issued by the executive director
or the commission.
(1) To be effective:
(A) an exception must be submitted to the judge and
filed with the executive director within 15 days after the date that
the party receives service of the proposal for decision; and
(B) a reply to an exception must be submitted to the
judge and filed with the executive director within 15 days of the
date on which the exception is filed.
(2) If the proposal for decision is served by hand
delivery or by electronic mail, the date of service of the proposal
is presumed to be the date of delivery. If the proposal for decision
is served by regular mail, interagency mail, certified mail, or registered
mail, the date of service of the proposal is presumed to be the third
calendar day after the date of the mailing.
(3) The judge may extend or shorten the time to file
exceptions or replies.
(4) The parties shall submit to SOAH and file with
the executive director any motion for an extension of time to file
an exception or reply not later than the fifth day before the applicable
deadline for submission of the exception or reply. The motion must
show either:
(A) good cause for the requested extension; or
(B) agreement of all other parties to the extension.
(d) Judge's review of exceptions and replies. The judge
shall review all exceptions and replies and notify the executive director
and parties whether the judge recommends any changes to the proposal
for decision.
(e) Judge's authority. The judge may:
(1) amend the proposal for decision in response to
exceptions and replies to exceptions; and
(2) correct any clerical errors in the proposal for
decision.
(f) Response to amended proposal. A party is not entitled
to file an exception or brief in response to an amended proposal for
decision.
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