1. (a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal request must be submitted in writing and received by the Commissioner's office no later than ten working days after the date of the Responsible Individual's determination. If a request is not timely submitted as provided under this subsection, there shall be no further action taken by the Commissioner or Deputy Commissioner on the protest.
2. (b) Upon receipt of a timely appeal that conforms with the requirements of this subchapter, the Commissioner or Deputy Commissioner may designate an employee of the agency to review the protest, the determination made by the Responsible Individual, and the appeal of the Responsible Individual's determination. The designee will prepare and submit to the Commissioner or Deputy Commissioner a written recommendation regarding the appeal within five working days of the designation.
3. (c) In making a final determination, the Commissioner or Deputy Commissioner will consider only the final written determination of the Responsible Individual, those materials or pleadings submitted to the Responsible Individual, and, if applicable, the written recommendation made by a designated employee. No further arguments, authorities, documents, or pleadings shall be filed with the Commissioner or Deputy Commissioner.
4. (d) The Commissioner or Deputy Commissioner will issue a final written determination of the appeal, denying or sustaining the protest, in whole or in part, which shall be the final administrative action of the agency.

Source Note:The provisions of this §1.1103 adopted to be effective March 26, 2013, 38 TexReg 1971.