| (a) A party may file a motion or notice of agreement
by the parties to convert an oral proceeding to a hearing on written
submission at any time after SOAH acquires jurisdiction. The motion
should acknowledge that the moving party or parties have filed and
served or exchanged copies of all evidence necessary for resolution
of the case.
(b) To expedite resolution of the case, the judge shall
liberally grant requests to conduct hearings on written submission.
(c) For hearings conducted on written submission, the
opportunity for the presentation of oral testimony and the examination
of witnesses is waived by the parties. The factual matters asserted
and evidence presented for the judge's consideration shall consist
solely of the pleadings, motions, admitted exhibits, and orders filed
in the administrative record.
(d) The judge shall issue a written decision for a
hearing conducted on written submission in the same manner as provided
by §159.253 of this title (relating to Decision of the Judge).
The parties may appeal the decision as provided by § 524.041
of the Texas Transportation Code.
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