1. (a) The board may change a finding of fact or conclusion of law in a proposal for decision made by the administrative law judge if the board determines:

   1. (1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;
   2. (2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or
   3. (3) that a technical error in a finding of fact should be changed.
2. (b) The board shall state in writing the specific reason and legal basis for a change made under this section.

Source Note:The provisions of this §107.51 adopted to be effective November 30, 1999, 24 TexReg 10544; amended to be effective December 25, 2016, 41 TexReg 9931.