(a) Proposals for decision (PFD), final Board orders,
and motions for rehearing are governed by Texas Government Code Chapter
2001.
(b) The Board shall render the final decision in all
cases.
(c) The Board's final order shall be written.
(d) A party may submit to the Board a proposed final
order based on the Administrative Law Judge's (ALJ) PFD.
(e) The Board shall determine the form and content
of any final order.
(f) The Board may act on the PFD after the 10th business
day after the filing of replies to exceptions to the PFD.
(g) The Board may change recommended findings of fact
or conclusions of law in a PFD or vacate or modify an order issued
by an ALJ if the Board finds:
(1) the ALJ did not properly apply or interpret applicable
law or rules, board policies, or prior administrative decisions;
(2) a prior administrative decision by the Board on
which the ALJ relied is incorrect or should be changed; or
(3) a technical error in a finding of fact should be
changed.
(h) If the Board modifies, amends, or changes a recommended
finding of fact, or conclusion of law, or order of the ALJ, the Board's
final order shall state the legal basis and the specific reasons for
the change.
(i) A copy of the final order shall be mailed to all
parties, unless service by electronic means has been agreed to.
(j) The Board's order is final and appealable if:
(1) a motion for rehearing is timely filed with the
Board and the motion is either overruled by the Board or by operation
of law; or
(2) the Board states in the order an imminent threat
to the public requires the order to have immediate effect.
(k) A party may appeal a final Board order to a Travis
County district court.
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