- (a) Proposal For Decision. In contested cases held under the Act, §§402.072, 407.046, and 408.0231, and in other cases not subject to §402.073(b) of the Act (relating to Cooperation with SOAH), and after all evidence has been heard, the ALJ shall adjourn the hearing.
- (b) Description of Proposal Decision. The proposal for decision shall be based solely upon the record of the individual case. It shall be in writing and include information specified in §149.9 of this title (relating to Proposals for Decision in accordance with the Act, §§402.072, 407.046, and 408.0231).
- (c) Furnishing decision. SOAH shall furnish the proposal for decision to the TWCC Chief Clerk and shall furnish the proposal for decision by verifiable means and retain information on the date, address, person or entity served, and the means of service to the parties to the hearing. The TWCC Chief Clerk shall notify the Chief of Staff and the General Counsel of the receipt of a proposal for decision from SOAH.
- (d) Filing of briefs and exceptions. Any party may file briefs and exceptions to the proposal for decision, with SOAH and the TWCC Chief Clerk, for consideration by the ALJ and the commission no later than 15 days after receiving the proposal for decision. Any brief and exceptions filed by any party shall be served by that party on all other parties in the manner provided by §§155.23 of Title 1 (relating to Filing Documents or Serving Documents on the Judge) and 155.25 of Title 1 (relating to Serving a Document to Parties) except that an additional copy shall be served upon the TWCC Chief Clerk in accordance with §102.5 of this title (relating to General Rules for Written Communications to and from the Commission).
- (e) Filing replies. Any party may file a reply to a brief and exceptions filed under subsection (f) of this section, with SOAH and the TWCC Chief Clerk, for consideration by the ALJ and the commission no later than fifteen days after the filing of the brief and exceptions. Any reply filed by any party shall be served by that party on all other parties in the manner provided by §§155.23 of Title 1 (relating to Filing Documents or Serving Documents on the Judge) and 155.25 of Title 1 (relating to Serving a Document to Parties) except that an additional copy shall be served upon the TWCC Chief Clerk in accordance with §102.5 of this title (relating to General Rules for Written Communications to and from the Commission).
- (f) Decision by the commission. The commission shall consider the case at a posted meeting of the commission, no later than 120 days after SOAH provides the commission with the proposal for decision, or the date of the ALJ's comments or response to any exceptions or briefs and any replies to such exceptions or briefs or the expiration of the ALJ's deadline for such response in accordance with §155.59 of Title 1 (relating to Proposal for Decision). Parties to a contested case will be notified of the final decision of the commissioners by verifiable means.
- (g) Exhaustion of administrative remedies. The notification to a party of the commission's final decision constitutes exhaustion of all administrative remedies. No motion for rehearing will be considered.
- (h) Judicial Review. A party dissatisfied with a decision of the commission may seek judicial review as provided in the Act in accordance with the APA. Judicial review will be in accordance with the Act and the APA §§2001.171, 2001.172, and 2001.174.
Source Note:The provisions of this §148.16 adopted to be effective June 9, 2005, 30 TexReg 3237.