Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 8 - TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD › Chapter 157 - RULES RELATING TO PRACTICE AND PROCEDURE › Subchapter C - POST HEARING › Section 157.17 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) After a
				  proposal for decision has been issued by an administrative law judge, the Board
				  will render the final decision in the contested case or remand the proceeding
				  for further consideration by the administrative law judge.
(b) The Board is responsible for imposing
				  disciplinary action and/or assessing administrative penalties, if any, against
				  a respondent who is found to have violated any of the Board's statutes or
				  rules. The Board welcomes recommendations from an administrative law judge as
				  to the sanctions to be imposed, but the Board is not required to give
				  presumptively binding effect to the judge's recommendations and is not bound by
				  such recommendations.
(c) If the
				  Board remands the case to the administrative law judge, the Board may direct
				  that further consideration be accomplished with or without reopening the
				  hearing and may limit the issues to be considered. If, on remand, additional
				  evidence is admitted that results in a substantial revision of the proposal for
				  decision, or the underlying facts, an amended or supplemental proposal for
				  decision shall be prepared by the administrative law judge and the provisions
				  of this subchapter shall apply. Exceptions and replies shall be limited to
				  items contained in the amended or supplemental proposal for decision.
(d) The proposal for decision may be acted
				  upon by the Board after the expiration of the applicable time periods for
				  filing exceptions and replies to exceptions, and after the administrative law
				  judge has ruled on any exceptions and replies.
(e) Any party may request oral arguments
				  before the Board prior to the final disposition of the contested case. If the
				  Board grants oral argument, oral argument will be conducted in accordance with
				  this subsection.
(1) The chairperson or the
				  Board member designated by the chairperson to preside (the presiding member)
				  shall announce the case. Upon the request of any party, the presiding member
				  may conduct a prehearing conference with the parties and their attorneys of
				  record. The presiding member may announce reasonable time limits for any oral
				  arguments to be presented by the parties.
(2) Oral arguments on the proposal for
				  decision shall be limited to the record established at the contested case
				  hearing. New evidence may not be presented on the substance of the case unless
				  the party submitting the evidence can establish that the new evidence was not
				  reasonably available at the time of the contested case hearing or the party
				  offering the evidence was misled by a party regarding the necessity for
				  offering the evidence at the contested case hearing.
(3) In presenting oral arguments, the party
				  bearing the burden of proof shall open and close. The party responding may
				  offer rebuttal arguments. Parties may request an opportunity for additional
				  rebuttal subject to the discretion of the presiding member.
(4) After being recognized by the presiding
				  member, the members of the Board may ask questions of the parties. If a party
				  is represented by counsel, the questions must be directed to the party's
				  attorney. Questions must be limited to the record and to the arguments made by
				  the parties.
(5) Upon the
				  conclusion of oral arguments, questions by the members of the Board, and any
				  discussion by the member of the Board, the presiding member shall call for a
				  motion regarding disposition of the contested case. The presiding member may
				  vote on the motion. A motion may be granted only if a majority of the members
				  present and voting vote in favor of the motion. In the event of a tie vote, the
				  presiding member shall announce that the motion is overruled.