Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.34 - Post-Hearing Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				  the hearing the administrative law judge upon request shall give the parties an
				  opportunity to file written briefs and proposed findings of fact and
				  conclusions of law. Pursuant to Government Code, §
										RSA
				  2001.062, the administrative law judge shall
				  review these materials and all evidence and testimony, and prepare a proposal
				  for decision containing a statement of the reasons for the proposed decision
				  and of each finding of fact and conclusion of law necessary to the proposed
				  decision. The administrative law judge shall also prepare a proposed final
				  order for the agency head to sign adopting the proposed decision. Upon
				  completion, the administrative law judge shall serve copies of the proposal for
				  decision and proposed final order on all parties and give each adversely
				  affected party an opportunity to file exceptions and present briefs. If a party
				  files exceptions or presents briefs, the administrative law judge shall give an
				  opportunity to other parties to file replies to the exceptions or briefs.
				  Exceptions, replies to exceptions, and related briefs must be filed within
				  deadlines established by the administrative law judge. The administrative law
				  judge may amend the proposal for decision and proposed final order in response
				  to the exceptions, replies, or briefs submitted. If the administrative law
				  judge makes substantive revisions, the administrative law judge shall circulate
				  the amended proposal for decision and proposed final order to the parties for
				  additional exceptions and briefs before submitting the proposal for decision
				  and the proposed final order based thereon to the agency head(s) for
				  approval.
(b) After the
				  administrative law judge has circulated the proposal for decision and proposed
				  order to the parties and the parties have had an opportunity to file exceptions
				  and briefs in the manner provided in subsection (a) of this section, the
				  administrative law judge shall submit the proposal for decision and proposed
				  order together with all materials listed in Government Code, §
										RSA
				  2001.060, to the agency head(s) for review.
				  No additional briefs may be submitted after the case is under submission to the
				  agency head(s) for decision unless requested by the agency head(s). The agency
				  head(s) may:
(1) adopt the proposal for
				  decision and proposed final order, in whole or in part;
(2) modify and adopt the proposal for
				  decision and proposed final order, in whole or in part;
(3) decline to adopt the proposal for
				  decision and proposed final order, in whole or in part;
(4) remand the proceeding for further
				  examination by the administrative law judge, including for the limited purpose
				  of receiving additional briefing or evidence from the parties on specific
				  issues; or
(5) take another lawful
				  and appropriate action with regard to the case.