1. (a) After a hearing on the merits, the ALJ shall submit a proposal for decision in a contested case to the department and all parties.
2. (b) The parties may submit to the ALJ exceptions to the proposal for decision and replies to exceptions to the proposal for decision in accordance with the SOAH rules.
3. (c) The ALJ will review all exceptions and replies and notify the department and parties whether the ALJ recommends any changes to the proposal for decision.

4. (d) The parties are not entitled to file exceptions or briefs in response to a final proposal for decision but may raise an issue regarding the final proposal for decision before the following:

   1. (1) the board as allowed at the time of oral presentation under Subchapter F of this chapter; or
   2. (2) the Motor Carrier Division Director as allowed at the time of an oral presentation at a special public meeting, if any, under Subchapter I of this chapter (relating to Motor Carrier Division Director Procedures in Contested Cases).

Source Note:The provisions of this §224.164 adopted to be effective June 1, 2024, 49 TexReg 2771; amended to be effective February 27, 2026, 50 TexReg 6528.