| (a) Decision or Order. The ALJ shall adjourn the hearing
after all evidence has been received in contested cases held under
Labor Code §§413.031, 413.0312, and 413.055.
(b) Decision or Order that May Become Final. The ALJ
shall issue a decision or order that may become final.
(c) Contents of Decision or Order that May Become Final.
The decision or order that may become final must include orders that
are necessary to implement the decision or order. When the decision
or order requires any action or compliance, it must contain a period
of time for such action to be completed, normally not to exceed 30
days from the date the decision or order is received, for such action
or compliance to be completed.
(d) Furnishing the Decision or Order that May Become
Final.
(1) The decision or order that may become final will
be sent immediately to the parties or their representatives by verifiable
means that shall be documented in the hearing file.
(2) If the decision or order that may become final
is furnished by personal delivery, a receipt verifying personal delivery
and containing the date of delivery and the person, any business title,
and person's business address that received the delivery shall be
made by the person who makes the personal delivery, and shall be date-stamped
and placed in the hearing file.
(e) Procedures for Motion for Rehearing. The decision
or order that may become final will become final if a motion for rehearing
is not filed with SOAH within 20 days after receipt of the decision
or order. The procedures for a motion for rehearing are governed by
the Government Code, Chapter 2001, Subchapter F, and a motion for
rehearing is a prerequisite for appealing a decision or order under
this section.
(f) Finality of Decision or Order. The finality of
the ALJ's decision or order is determined by Government Code §2001.144,
except as provided by Labor Code §413.031 and §133.307 of
this title (relating to MDR of Fee Disputes).
(g) Exhaustion of Administrative Remedies. The notification
to a party of the ALJ's decision or order that has become final under
Government Code §2001.144 constitutes exhaustion of all administrative
remedies, except as provided by Labor Code §413.031 and §133.307
of this title.
(h) Judicial Review. A party dissatisfied with a final
decision or order of the ALJ may seek judicial review as provided
by the Act in accordance with the Government Code, Chapter 2001, Subchapter
G, Labor Code §413.031 and §133.307 of this title.
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