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RULE §81.9Proposal for Decision

(a) Within a reasonable time after the conclusion of the hearing, the Administrative Law Judge (ALJ) shall prepare and serve on the parties a proposal for decision that includes the ALJ's findings of fact and conclusions of law.

(b) In the proposal for decision, the ALJ may recommend to the board as an appropriate disciplinary sanction, either the relief sought by board staff or another sanction, upon a finding of a violation in accordance with §78.9 and §78.10 of this title (relating to Disciplinary Guidelines and Sanctions, respectively). In a licensure case, the ALJ's recommendation shall be either the relief sought by the board staff, or other action in accordance with Chapter 78 of this title (relating to Rules of Practice), the Chiropractic Act or other applicable law.

(c) Any party of record who is adversely affected by the proposal for decision of the ALJ may file exceptions and a supporting brief to the proposal for decision within 15 days after the date of service of the proposal for decision. A reply to the exceptions may be filed by the other party within 15 days of the filing of exceptions. Exceptions and replies shall be filed with the ALJ, with a copy served on the opposing party.

Source Note: The provisions of this §81.9 adopted to be effective January 29, 2015, 40 TexReg 380; transferred effective November 1, 2018, as published in the Texas Register October 19, 2018, 43 TexReg 6963

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