1. (a) Proposal for decision. For contested cases in which the judge does not have authority to issue a final decision, the judge shall prepare a proposal for decision.
2. (b) Submission of the proposal for decision. The judge shall submit the proposal for decision to the referring agency and furnish a copy to each party.

3. (c) Exceptions and replies. The parties may submit to the judge and the referring agency exceptions to the proposal for decision and replies to exceptions to the proposal for decision.

   1. (1) Unless the referring agency's rules apply by statute, exceptions shall be filed within 15 days after the date of service of the proposal for decision. A reply to the exceptions shall be filed within 15 days of the filing of the exceptions.
   2. (2) If the proposal for decision was served by hand delivery or by facsimile, the date of service shall be presumed to be the date of delivery. If the proposal for decision was served by regular mail, interagency mail, certified mail, or registered mail, the date of service shall be presumed to be no later than three days after mailing.
   3. (3) The judge may extend or shorten the time to file exceptions or replies.

   4. (4) The parties shall file with SOAH any motions for extension of time to file exceptions and replies. Parties' motions for extensions of time shall be filed no later than five days before the applicable deadline for submission of exceptions or replies and shall demonstrate either:

      1. (A) good cause for the requested extension; or
      2. (B) agreement of all other parties to the extension.
4. (d) Judge's review of exceptions and replies. The judge shall review all exceptions and replies and notify the referring agency and parties whether the judge recommends any changes to the proposal for decision.

5. (e) Judge's authority. The judge may:

   1. (1) amend the proposal for decision in response to exceptions and replies to exceptions; and
   2. (2) correct any clerical errors in the proposal for decision.

Source Note:The provisions of this §155.507 adopted to be effective November 26, 2008, 33 TexReg 9451.