1. (a) The chair having certified a quorum present at a regularly scheduled board meeting, a majority vote of the voting members present shall be required to make a final decision on a proposal for decision, unless provided otherwise by this chapter.
2. (b) A copy of the board's decision or order shall be delivered by hand or certified mailed to the parties or to their authorized representatives, as appropriate, and to the office.
3. (c) All final decisions and orders of the board under this chapter shall be in writing and signed by the members of the board voting in favor of the decision or order or by the chair on behalf of the majority as allowed by this chapter. A final decision or order shall include findings of fact and conclusions of law separately stated.
4. (d) The board may change a proposal for decision submitted by the ALJ in accordance with the APA. If the board changes an ALJ's proposal for decision, the board's final decision or order shall show how the proposal was changed, state the specific reason and legal basis for a change, and cite the portion of the hearing record supporting the change. If the board changes a proposal for decision because no evidence in the record supports the ALJ's finding of fact or conclusion of law, then the board may cite the record as a whole for such a change.

Source Note:The provisions of this §249.39 adopted to be effective March 31, 1999, 24 TexReg 2304.