- (a) Decision. In contested cases held under the Act, §§411.049, 413.031, 413.055, and 415.034, and after all evidence has been heard, the ALJ shall adjourn the hearing.
- (b) Entry of orders. The ALJ shall enter orders that are necessary to implement the decision and when the order requires any action or compliance, it shall contain a period of time, normally not to exceed 30 days from the date the order is received, for such action or compliance to be completed. Receipt of an order will be determined by §102.5 of this title (relating to General Rules for Written Communication to and from the Commission). If it is determined an administrative penalty violation has occurred, the decision shall set forth the amount of the penalty assessed and shall order payment within a period of time not to exceed 30 days from the date that the order is received. Any penalty assessed by the ALJ for an administrative violation shall be in accordance with the Act, §415.021(c).
- (c) Furnishing decision. The decision shall be sent immediately to the parties or their representatives by verifiable means that shall be documented in the hearing file. If the decision is furnished by personal delivery, a receipt verifying personal delivery and containing the date of delivery and the person, any business title, and person's business address that received the delivery shall be made by the person who makes the personal delivery, and shall be date-stamped and placed in the hearing file.
- (d) Finality of decision. The ALJ's decision is final on the date it is received as determined by §102.5 of this title (relating to General Rules for Written Communications to and from the Commission).
- (e) Exhaustion of administrative remedies. The notification to a party of the ALJ's final decision constitutes exhaustion of all administrative remedies. No motion for rehearing pursuant to the APA or otherwise will be entertained.
- (f) Judicial Review. A party dissatisfied with a decision of the ALJ may seek judicial review as provided by the Act and in accordance with the APA, §§2001.171, 2001.172, 2001.174, and 2001.176.
Source Note:The provisions of this §148.15 adopted to be effective June 9, 2005, 30 TexReg 3237.