1. (a) The final decision in contested cases pursuant to an appeal under Section 101.11 of this chapter (relating Appeal of Administrative Decision) shall be made by the Board, normally on the basis of a proposal for decision, of exceptions to the proposal, and briefs supporting and opposing the proposal for decision. The Board, in exceptional cases, on its own motion or on request of a party, may allow oral argument, may make its decision on the record, or may order the hearing to be conducted before the Board sitting as a body.
2. (b) The case will be considered by the Board, normally at its next regular meeting after time has expired for filing of exceptions to the proposal for decision, or any extension of time granted for filing such exceptions, or briefs in support of or against exceptions.
3. (c) A decision of the Board is final in the absence of a timely motion for rehearing and is final and appealable on the date of rendition of an order overruling the motion for rehearing, or on the date the motion is overruled by operation of law.

Source Note:The provisions of this §101.12 adopted to be effective January 8, 2026, 51 TexReg 156.