1. (a) Proposal For Decision. In contested cases held under the Act, §§402.072, 407.046, and 408.023, and after all evidence has been heard, the hearing officer shall adjourn the hearing. No later than 60 days after the date of the hearing, the hearing officer shall issue a proposal for decision.
2. (b) Description of Proposal For 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 §149.8 of this title (relating to Proposals for Decision in Accordance with the Act, §§402.072, 407.046, and 408.023).
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) Furnishing decision. SOAH shall furnish the proposal for decision to the commission's Chief Clerk of Proceedings and to the parties to the hearing.
6. (f) Filing of briefs and exceptions. Any party may file briefs and exceptions to the proposal for decision, with SOAH, 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 as provided in §148.10 of this title (relating to Filing Instruments and Furnishing Copies) except that service upon SOAH is not required.
7. (g) Filing replies. Any party may file a reply to a brief and exceptions filed under subsection (f) of this section, with SOAH, no later than ten 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 as provided in §148.10 of this title (relating to Filing Instruments and Furnishing Copies).
8. (h) 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, the date of the last filing of any exceptions or briefs and any replies to such exceptions or briefs. Parties to a contested case will be notified of the final decision of the commissioners by certified mail, return receipt requested, or by personal delivery. A party or attorney of record notified by mail 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 commission's final decision constitutes exhaustion of all administrative remedies. No motion for rehearing will be entertained. A party dissatisfied with a decision of the commission may seek judicial review as provided in 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 §148.23 adopted to be effective December 4, 1995, 20 TexReg 9706.