- (a) Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day after the date the evidentiary hearing is concluded.
(b) The proposal for decision must include:
- (1) a summary of the subject matter of the hearing;
- (2) a summary of the evidence or public comments received; and
- (3) the presiding officer's recommendations for board action on the subject matter of the hearing.
(c) The presiding officer or general manager shall provide a copy of the proposal for decision to:
- (1) the applicant; and
- (2) each designated party.
- (d) A party may submit to the board written exceptions to the proposal for decision.
- (e) If the hearing was conducted by a quorum of the board and if the presiding officer prepared a record of the hearing as provided by Section 36.408(a), the presiding officer shall determine whether to prepare and submit a proposal for decision to the board under this section.
- (f) The board shall consider the proposal for decision at a final hearing. Additional evidence may not be presented during a final hearing. The parties may present oral argument at a final hearing to summarize the evidence, present legal argument, or argue an exception to the proposal for decision. A final hearing may be continued as provided by Section 36.409.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 6, eff. June 10, 2015.