1. (a) Decision. In contested cases held under the Act, §§411.049, 413.031, and 415.034, and after all evidence has been heard, the hearing officer shall adjourn the hearing. The hearing officer shall make a final decision no later than 60 days after the date of the hearing, except that, for preauthorization cases under the Act, §413.031(d), the hearings officer will make a good faith effort to expedite the issuance of the final order and to issue the final order no later than 30 days after the hearing is concluded.
2. (b) Description of final decision. The final decision shall be based solely upon the record of the individual case. It shall be in writing and include separate findings of fact, conclusions of law, and a decision and order.
3. (c) Findings of fact. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
4. (d) Basis for findings of fact. Findings of fact must be based exclusively on the evidence and on matters officially noticed.
5. (e) Entry of orders. The hearing officer shall enter orders that are necessary to implement the decision. 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 served.
6. (f) Orders Assessing Administrative Penalties. Any penalty assessed by the hearing officer for an administrative violation shall be in accordance with the Act, §415.021(c).
7. (g) Furnishing decision. The decision shall be sent immediately to the parties or their representatives by certified mail, return receipt requested, or personally delivered. A receipt verifying personal delivery shall be made by the person who makes the personal delivery and shall be file-stamped and placed in the hearing file.
8. (h) Finality of decision. The hearing officer's decision is final on the date when the party is notified of the decision. If the hearing officer's decision is mailed, a party or the party's representative is presumed to have been notified on the date on which the notice is mailed.
9. (i) Exhaustion of administrative remedies. The notification to a party of the hearing officer's final decision constitutes exhaustion of all administrative remedies. No motion for rehearing will be entertained. A party dissatisfied with a decision of the hearing officer may seek judicial review as provided by the Act. If judicial review is authorized by the Act, such review will be in accordance with the Administrative Procedure Act, §§2001.171, 2001.172, and 2001.174.

Source Note:The provisions of this §148.22 adopted to be effective December 4, 1995, 20 TexReg 9706.