Texas Insurance Code - Section 40.059. Consideration Of Proposal For Decision
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§ 40.059. CONSIDERATION OF PROPOSAL FOR DECISION. (a)
The commissioner shall provide to each party an opportunity to file
exceptions to the proposal for decision and briefs related to the
issues addressed in the proposal.
(b) After the opportunity to file exceptions and briefs
under Subsection (a), the commissioner shall, in open meeting,
consider:
(1) the proposal for decision; and
(2) the exceptions, briefs, and arguments of the
parties.
(c) The commissioner may amend the proposal for decision,
including any finding of fact. The commissioner shall accompany
any amendment with an explanation of the basis of the amendment.
The commissioner shall base any amendment and the order adopting
the rate solely on the record made before the administrative law
judge.
(d) The commissioner may refer the matter back to the
administrative law judge to:
(1) reconsider findings and conclusions in the
proposal for decision;
(2) take additional evidence; or
(3) make additional findings of fact or conclusions of
law.
Added by Acts 1999, 76th Leg., ch. 101, § 1, eff. Sept. 1, 1999.
Section: 40.052 40.053 40.054 40.055 40.056 40.057 40.058 40.059 40.060 81.001 81.002 81.003 81.004 82.001 82.002
Last modified: August 11, 2007
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