1. (a) If ADR is not utilized or fails to resolve the controversy, the commissioner shall furnish to the ALJ all information upon which the preliminary decision was based.
2. (b) The ALJ shall consider this information along with the evidence developed at the hearing in preparing a proposal for decision.
3. (c) Burden of Proof for Unprotested Applications. The applicant must establish by a preponderance of the evidence all statutory criteria.
4. (d) Burden of Proof for Protested Applications. The applicant must establish by a preponderance of the evidence the criteria set forth in the applicable statutes and rules. In cases in which field of membership is at issue, the protestant must establish by a preponderance of the evidence that overlapping fields of membership will unreasonably harm the protestant.

Source Note:The provisions of this §93.303 adopted to be effective August 10, 1999, 24 TexReg 6027.