Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter N - DECISION AND ORDERS › Section 22.261 - Proposals for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement and
				  Contents of Proposal for Decision. In a contested case, if a majority of the
				  commissioners has not heard the case or read the record, the commission may not
				  issue a final order, if adverse to a party other than the Commission, until a
				  proposal for decision is served on all parties. The proposal for decision shall
				  be prepared by the presiding officer(s) who conducted the hearing or who have
				  read the record. The proposal for decision shall include a proposed final
				  order, a statement of the reasons for the proposed decision, and proposed
				  findings of fact and conclusions of law in support of the proposed final order.
				  Any party may file exceptions to the proposed decision in accordance with
				  subsection (d) of this section. The presiding officer may supplement or amend a
				  proposal for decision in response to the exceptions or replies submitted by the
				  parties or upon the presiding officer's own motion. Making corrections or minor
				  revisions of a proposal for decision is not considered issuance of an amended
				  or supplemental proposal for decision.
(b) Procedures Regarding Proposed Orders. If
				  the presiding officer's recommendation is not adverse to any party, the
				  recommendation may be made through a proposed order containing findings of fact
				  and conclusions of law. The proposed order shall be served on all parties, and
				  the presiding officer shall establish a deadline for submitting proposed
				  corrections or clarifications.
(c)
				  Findings and Conclusions. The presiding officer may direct or authorize the
				  parties to draft and submit proposed findings of fact and conclusions of law.
				  The commission is not required to rule on findings of fact and conclusions of
				  law that are not required or authorized.
(d) Exceptions and Replies.
(1) Who may file. Any party may file
				  exceptions to the Proposal for Decision within the time period specified by the
				  presiding officer. If any party files exceptions, the opportunity shall be
				  afforded to all parties to respond within a time period set by the presiding
				  officer.
(2) Presentation. The
				  presiding officer may require that issues be addressed in a specified order or
				  according to a specified format. Proposed findings and conclusions may be
				  submitted in conjunction with exceptions and replies. The evidence and law
				  relied upon shall be stated with particularity, and any evidence or arguments
				  relied upon shall be grouped under the exceptions or replies to which they
				  relate.
(3) Request for Extension.
				  A request for extension of time within which to file exceptions or replies
				  shall be filed with the commission filing clerk and served on all parties. The
				  presiding officer may allow additional time for good cause shown. If additional
				  time is allowed for exceptions, reasonable additional time shall be allowed for
				  replies.