1. (a) Except as provided otherwise by this chapter, the preliminary decision of the commissioner becomes final 20 days from the date of service, unless prior thereto, an applicant or protestant files with the commissioner a written request for hearing. In the event that a timely written request for hearing is filed by any party, the commissioner's preliminary decision is withdrawn. 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 neither a protest or comment was received during the notice period, the commissioner, in the exercise of discretion, may determine that the preliminary decision should become final upon the issuance of the preliminary decision.

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.