1. (a) The commissioner shall issue a preliminary decision on all applications. Unless a party files a written appeal, the preliminary decision will become final when the time for appeal set out in Finance Code §122.007 or §122.011 expires. If a party submits a written waiver of its right to appeal, the preliminary decision becomes final on receipt of the waiver. If a party files a timely appeal, the commissioner's preliminary decision is withdrawn and the matter will be referred to SOAH. The commissioner may, at the commissioner's sole discretion, refer any matter to SOAH for hearing prior to entering a preliminary decision.
2. (b) Notwithstanding subsection (a) of this section, if an application is approved without modification, and no protest or comment was received during the notice period, the commissioner may determine that the preliminary decision should become final immediately.

Source Note:The provisions of this §93.301 adopted to be effective August 10, 1999, 24 TexReg 6027; amended to be effective February 24, 2003, 28 TexReg 1632; amended to be effective July 2, 2006, 31 TexReg 5080; amended to be effective July 11, 2010, 35 TexReg 5814.