- (a) Following the hearing the ALJ shall review the evidence and testimony, and prepare a PFD containing a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary for the proposed decision. The ALJ shall also prepare a proposed final order for the commissioner to sign adopting the proposed decision. Upon completion, the ALJ shall serve copies of the PFD and proposed final order on all parties and give each adversely affected party an opportunity to file exceptions and present briefs. If a party files exceptions or presents briefs, the ALJ shall give an opportunity to other parties to file replies to the exceptions or briefs. Unless otherwise indicated, exceptions, replies to exceptions, and related briefs must be filed within deadlines established by the ALJ. The ALJ may amend the PFD and proposed final order in response to the exceptions, replies, or briefs submitted. If the ALJ makes substantive revisions, the ALJ shall circulate the amended PFD and proposed final order to the parties for additional exceptions and briefs before submitting the PFD and proposed final order to the Commissioner.
(b) No additional briefs may be submitted after the case is under submission to the commissioner for decision unless requested by the commissioner. The commissioner may:
- (1) Adopt the PFD and proposed final order, in whole or in part;
- (2) Modify and adopt the PFD and proposed final order, in whole or in part;
- (3) Decline to adopt the PFD and proposed final order, in whole or in part;
- (4) Remand the proceedings for further examination by the ALJ, including for the limited purpose of receiving additional briefing or evidence from the parties on specific issues; or
- (5) Take another lawful and appropriate action with regard to the case.
- (c) The commissioner shall make a final determination within 30 days of the date of receipt of the PFD and proposed final order.
Source Note:The provisions of this §93.212 adopted to be effective August 10, 1999, 24 TexReg 6027.