(a) A party who is aggrieved by the ALJ's proposal for decision shall file any exceptions to the proposal for decision within 30 calendar days of the date of the proposal for decision. Any replies to the exceptions shall be filed by other parties within 50 calendar days of the proposal for decision. Exceptions and replies shall be:
- (1) filed with the board by mailing, hand-delivering, or faxing them to the agency's general counsel at agency headquarters;
- (2) served upon the other party by mail, hand-delivery, or fax; and
- (3) served on the ALJ in accordance with 1 Texas Administrative Code, Chapter 155 (relating to Rules of Procedure).
- (b) Any disagreement with a factual finding or conclusion of law in the proposal for decision not contained in an exception to the proposal shall be waived.
(c) Each exception or reply to a finding of fact or conclusion of law shall be concisely stated and shall summarize the evidence in support of each exception.
- (1) Any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.
- (2) In summarizing evidence, the parties shall include a specific citation to the hearing record where such evidence appears.
- (3) Arguments shall be logical and coherent and citations to authorities shall be complete.
Source Note:The provisions of this §249.37 adopted to be effective March 31, 1999, 24 TexReg 2304.