1. (a) The record in a contested case shall include:

   1. (1) all applications, answers, and other pleadings, and intermediate rulings;
   2. (2) evidence received or considered;
   3. (3) a statement of matters officially noticed;
   4. (4) questions and offers of proof, objections, and rulings on them;
   5. (5) proposed findings and exceptions thereto;
   6. (6) any proposal for decision, as amended, exceptions to the proposal for decision and replies to the exceptions;
   7. (7) all non-privileged briefing submitted to the board following the submission of the proposal for decision to the board;
   8. (8) the board's final determination; and
   9. (9) any motion for rehearing, replies to the motion for rehearing and action by the system, if any.
2. (b) Findings of fact will be based exclusively on the evidence presented and matters officially noticed.

Source Note:The provisions of this §121.26 adopted to be effective September 13, 2020, 45 TexReg 6246.