Texas Regulations 149.9

• Repealed 06/09/05.
• Repealed 06/09/05.

(a) After holding a hearing pursuant to the Act, §§ 402.072, 407.046, and 408.0231, and in other cases not subject to § 149.8 of this title (relating to Final Orders in Accordance with the Act, §§ 411.049, 413.031, 413.055 and 415.034), the ALJ shall prepare a proposal for decision not later than 60 days after the date of the hearing.

(b) The proposal for decision shall contain:

(1) a statement of the reasons upon which the decision is based;

(2) findings of fact based on the evidence presented and matters officially noticed;

(3) conclusions of law based upon the findings of fact and other legal requirements of the law; and

(4) the sanction or order recommended by the ALJ; and

(5) a conclusion of whether the commission is authorized by the Act or commission rules to take disciplinary or sanction action against the Petitioner.

(c) The proposal for decision may also contain:

(1) a summary of the evidence presented by each party; and

(2) a list of all mitigating circumstances and a list of all aggravating circumstances, separately stated, which are necessary for the commissioners to have a complete understanding of the case.

(d) SOAH shall serve a copy of the transmittal letter and the proposal for decision by verifiable means on each party or attorney of record and the TWCC Chief Clerk.

(e) Although filed with SOAH, exceptions and replies are the primary methods by which a party may communicate with the agency's decision maker. Notwithstanding, upon review of any exceptions and replies filed pursuant to § 148.16(d) and (e) of this title (relating to Proposal for Decision by the Administrative Law Judge) the ALJ may amend the proposal for decision if the ALJ deems it is appropriate to do so. If the ALJ believes comments other than an amendment are necessary, the administrative law judge may issue a letter to the commission with service of copies to all parties by verifiable means. Any amendments or comments by the ALJ under this subsection shall be due to the TWCC Chief Clerk not later than fifteen working days after receipt of any briefs and exceptions and replies thereto. If such amendments or comments are not received within the twenty working days, the Commission will proceed under the assumption that the ALJ does not intend to make any changes to the existing proposal for decision.

(f) SOAH shall forward the completed record in a case, including the proposal for decision, any amended proposal for decision, and any proposed order to the TWCC Chief Clerk utilizing its best efforts to ensure that such record is forwarded no later than ten days after the later of the deadline for the filing of any exceptions or replies has passed or the issuance of an amended proposal for decision.

(g) SOAH shall place a confidentiality stamp on each page of the proposal for decision.

The provisions of this §149.9 adopted to be effective June 9, 2005 30 TexReg 3250