| (a) Within 10 days after the hearing is held, the hearing
officer shall issue a written decision granting or denying the request
for the issuance of a cease and desist order that includes findings
of fact and conclusions of law. The hearing decision shall be mailed
by certified mail, return receipt requested, and is presumed received
five days from the date it is mailed. The hearing officer's decision
becomes final the 15th day after receipt of the hearing decision unless
an appeal is filed under subsection (b) of this section.
(b) A party that is not satisfied with the decision
of the hearing officer may file a written appeal of the decision to
the Agency for a final review no later than the 15th day after receipt
of the hearing decision. The written appeal shall contain the party's
arguments as to why the decision of the hearing officer should be
reversed.
(c) Upon receipt of the written appeal of the hearing
officer's decision, the Agency shall consider the appeal and issue
a decision promptly. The Agency shall consider the appeal on the basis
of the record made before the hearing officer. The decision of the
Agency shall be mailed by certified mail, return receipt requested,
and is presumed received five days from the date it is mailed.
|
| Source Note: The provisions of this §807.365 adopted to be effective January 23, 2012, 37 TexReg 200; amended to be effective November 14, 2016, 41 TexReg 9020; amended to be effective November 28, 2022, 47 TexReg 7914 |
