(a) Contents of record. The record in a contested case includes:
- (1) all pleadings, motions, briefs, and interim orders;
- (2) evidence received or considered;
- (3) a statement of matters officially noticed;
- (4) questions and offers of proof, objections, and rulings on objections;
- (5) any decision, opinion, or report by the examiner presiding at the hearing;
- (6) all staff memoranda or data submitted to or considered by the hearing examiner or members of the agency who are involved in making the decision;
- (7) proposed findings and exceptions;
- (8) any findings of fact or conclusions of law;
- (9) the final order of the commissioner.
- (b) Findings of fact. Findings of fact shall be based exclusively on the evidence presented and on matters officially noticed.
Source Note:The provisions of this §17.36 adopted to be effective April 22, 1992, 17 TexReg 2472.