<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 13TEXAS COMMISSION ON FIRE PROTECTION
CHAPTER 401ADMINISTRATIVE PRACTICE AND PROCEDURE
SUBCHAPTER FCONTESTED CASES
RULE §401.63Final Decision and Orders

(a) Commission action. A copy of the final decision or order shall be delivered or mailed to any party and to the attorney of record.

(b) Recorded. All final decisions and orders shall be in writing. A final order shall include findings of fact and conclusions of law, separately stated.

(c) Changes stated in final order. If the hearings officer's proposed findings of fact or conclusions of law are modified, the final order shall reflect the specific reason and legal basis for each change made.

(d) In general. Any party aggrieved of a final decision or order of the executive director in a contested case may appeal to the commission after the decision or order complained of is final. An appeal to the commission for review of action of the executive director shall be made within 30 days from the date that the writing evidencing the official action or order complained of is final and appealable, but for good cause shown, the commission may allow an appeal after that date. A motion for rehearing is not a prerequisite for an appeal to the commission.

(e) Oral argument. On the request of any party, the commission may allow oral argument prior to the final determination of an appeal of a decision or order of the executive director.

(f) If the executive director's final decision or order is appealed to the commission, the matter shall be set for the next available commission meeting and the commission shall take action in open session. A copy of the commission decision shall be delivered or mailed to any party and to the attorney of record.


Source Note: The provisions of this §401.63 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page