1. (a) After the time for filing exceptions and replies to exceptions has expired, the Commission on Human Rights shall consider the hearing officer's report and the proposal for decision. The Commission on Human Rights may adopt the proposal for decision; modify and adopt it; reject it and issue a Commission on Human Rights decision; or remand the matter to the hearing officer. The Commission on Human Rights shall render its decision or issue its final order within 60 days after the hearing closes. The hearing officer shall prepare the final order for the Commission on Human Rights.

2. (b) It is the policy of the Commission on Human Rights to change a finding of fact or conclusion of law or to vacate or modify any proposed order from the hearing officer when the proposed order is:

   1. (1) erroneous;
   2. (2) against the weight of the evidence;
   3. (3) based on insufficient review of the evidence;
   4. (4) not sufficient to protect the public interest;
   5. (5) an infringement on the Commission on Human Rights' discretion to determine its policies; or
   6. (6) to correct a technical error.
3. (c) If the Commission on Human Rights modifies, amends, or changes the hearing officer's proposal for decision, a final order reflecting the changes and the justification for the changes shall be prepared.

Source Note:The provisions of this §819.197 adopted to be effective September 27, 2005, 30 TexReg 6065.