(a) After the record closes, the hearing officer shall issue a decision on benefits. The decision shall:
- (1) be in writing;
- (2) include findings of fact and conclusions of law; a determination of whether benefits are due; and, if so, an award of benefits due; and
- (3) be signed by the hearing officer.
- (b) The hearing officer shall additionally issue a separate, signed, written decision on each request for attorney fees presented.
- (c) No later than the 10th day after the close of the hearing, the hearing officer shall file all decisions with the division of hearings.
(d) No later than seven days after filing the decision, the division shall furnish to the parties, by first class mail or personal delivery:
- (1) a file-stamped copy of the decision; and
- (2) a statement specifying the place, manner, and time period within which an appeal must be filed.
- (e) A decision issued under this section shall be effective and binding on the date signed by the hearing officer.
- (f) A decision regarding benefits not appealed to the appeals panel, as provided by the Texas Workers' Compensation Act, §6.41 et seq., and Chapter 143 of this title (relating to Dispute Resolution--Review by the Appeals Panel), becomes final on the 16th day after the date received from the division of hearings. Failure to comply with a final decision or order within 20 days of the date it becomes final is a Class A administrative violation, with a penalty not to exceed $10,000.
- (g) A decision regarding benefits is binding on the parties during an appeal to the appeals panel.
Source Note:The provisions of this §142.16 adopted to be effective February 12, 1991, 16 TexReg 467.