1. (a) If, in a contested case, a majority of the trustees has not heard the case or read the record, the decision, if adverse to a party to the proceedings other than the board itself, may not be made until a proposal for decision is served on the parties, and an opportunity is afforded each party adversely affected to file exceptions and present briefs to the trustees. The proposal for decision must contain a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to support the proposed decision, prepared by the person who conducted the hearing or by one who has read the record.
2. (b) The proposal for decision shall be accompanied by an examiner's report. This report shall contain a statement of the nature of the case, a discussion of the issues, the evidence, and the applicable law.
3. (c) Upon completion of the hearing, the hearings examiner shall forward his report and proposal for decision and the record to the executive director. Ordinarily, a report and the proposal for decision shall be submitted not later than the 60th day after the conclusion of the hearing. Upon review of the record, the executive director may reverse the decision being appealed. When appropriate, the examiner's report and proposal for decision, with all briefs and exceptions, shall be submitted to the board for determination and order.
4. (d) A copy of the hearings examiner's report and proposal for decision shall be sent by certified mail to every party that would receive less than requested.

Source Note:The provisions of this §67.81 adopted to be effective March 19, 1986, 11 TexReg 1149.