Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 1 - GENERAL PROCEDURES › Subchapter A - GENERAL RULES OF PRACTICE › Section 1.25 - Filing of Exceptions, Briefs, and Replies

Current through Reg.
				  49, No. 28; July 12, 2024
(a) After the record of a hearing has closed,
				  the administrative law judge shall issue a proposal for decision, stating
				  findings of fact, conclusions of law and making a recommendation to the
				  commissioner on the case, or issue a final order, if authorized.
(b) For cases heard by an administrative law
				  judge employed by the department, the proposal shall be issued within 30
				  working days from the date that the record of the case is closed. If the
				  administrative law judge is unable to submit the proposal within the 30 days,
				  the administrative law judge shall request an extension from the lead deputy
				  general counsel. Neither the administrative law judge's failure to request an
				  extension, the lead deputy general counsel's failure to grant the requested
				  extension, nor the administrative law judge's failure to submit the proposal
				  within the 30-day extended period shall in any way affect the validity of the
				  proposal for decision or the commissioner's jurisdiction, consideration, or
				  action relative to the proposal for decision.
(c) Any party may, within 15 days after the
				  date of service of such proposal, file exceptions and briefs to the proposal
				  with the hearings clerk. Replies to such exceptions and briefs may be filed
				  with the hearings clerk within 15 days after the date for filing of such
				  exceptions and briefs. Notwithstanding any provision of these rules to the
				  contrary, for purposes of this section, the term "filed" means actually
				  received by the hearings clerk. Any exceptions, briefs, or replies filed shall
				  be served on parties in accordance with §
										1.5
				  of this chapter (relating to Filing and Service of Documents). A request for
				  extension of time to file exceptions, briefs, or replies shall be filed with
				  the hearings clerk and served on all other parties in accordance with §
										1.5
				  of this chapter (relating to Filing and Service of Documents). The
				  administrative law judge shall promptly notify the parties of the ruling on any
				  request for extension and shall allow additional time only in extraordinary
				  circumstances where the interests of justice so require. A party may submit,
				  and at the request of the administrative law judge shall submit, proposed
				  findings of fact to be considered by the administrative law judge in the
				  preparation of the proposal for decision.
(d) The points involved in such exceptions,
				  briefs, and replies shall be concisely stated. The evidence in support of each
				  point shall be abstracted or summarized, and/or briefly stated in the form of
				  proposed findings of fact. Complete citations to the page number of the record
				  or exhibit referring to evidence shall be made. The specific purpose for which
				  the evidence is relied upon shall be stated. The argument and authorities shall
				  be organized and directed to each point properly proposed as a finding of fact
				  in a concise and logical manner. Briefs shall contain a table of contents and
				  authorities. Briefs, prior to the issuance of a proposal for decision, may be
				  filed only when requested or permitted by the administrative law
				  judge.
(e) The administrative law
				  judge may amend the proposal for decision pursuant to exceptions, replies, or
				  briefs submitted by the parties without the proposal for decision again being
				  served on the parties.
(f) The
				  failure of a party to properly serve copies of any exceptions and/or briefs
				  filed in accordance with this section may result in withholding of
				  consideration of the exceptions and/or briefs by the administrative law
				  judge.
(g) Upon the expiration of
				  the time for filing exceptions or replies to exceptions, or after such
				  exceptions and replies have been filed and considered, the administrative law
				  judge's proposal for decision shall be considered by the commissioner, who
				  shall render a decision and issue an order.
(h) In cases where the administrative law
				  judge is authorized to issue a final order, the order will become final upon
				  the expiration of the time for filing exceptions or replies to exceptions, or
				  after such exceptions and replies have been filed and considered.