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RULE §1.121Proposals for Decision

(a) In a contested case, if a majority of the Commissioners have not heard the case or read the record, the decision, if adverse to a party other than the Commission, may not be made until:

  (1) a proposal for decision is served on each party; and

  (2) an opportunity is afforded to each adversely affected party to file exceptions and present briefs to the Commission.

(b) The proposal for decision must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision, prepared by the person who conducted the hearing or by one who has read the record.

(c) The parties may waive the requirements of subsections (a) and/or (b) of this section by written stipulation.

(d) The examiner may direct a party to draft and submit proposed findings of fact and conclusions of law. The examiner may limit the request for proposed findings or conclusions to any particular issue or issues of fact. The party's proposed findings of fact and conclusions of law shall be supported by concise and explicit statements of underlying facts developed from the record with specific record references. If the examiner requires the filing of proposed findings of fact or conclusions of law, the Commissioners shall rule on each proposed finding and conclusion. If the examiner permits but does not require a party to submit proposed findings of fact or conclusions of law, a ruling on the proposed findings or conclusions is not required.

(e) When a proposal for decision is issued, a copy of the proposal shall be served promptly on each party or its authorized representative.

(f) An examiner may amend or correct a previously served proposal for decision or proposed order and shall serve the amendment or correction on the parties. Exceptions and replies are not permitted in response to a clerical or typographical correction. When substantive amendments are necessary prior to presentation at conference, an examiner shall specify the time period for the filing of exceptions and replies. Amendments adopted by the Commission shall be noted with specificity in the Commission's final order.

Source Note: The provisions of this §1.121 adopted to be effective August 21, 2017, 42 TexReg 4131

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