Sec. 36.410. PROPOSAL FOR DECISION. (a) Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day after the date the evidentiary hearing is concluded.
(b) The proposal for decision must include:
(1) a summary of the subject matter of the hearing;
(2) a summary of the evidence or public comments received; and
(3) the presiding officer's recommendations for board action on the subject matter of the hearing.
(c) The presiding officer or general manager shall provide a copy of the proposal for decision to:
(1) the applicant; and
(2) each designated party.
(d) A party may submit to the board written exceptions to the proposal for decision.
(e) If the hearing was conducted by a quorum of the board and if the presiding officer prepared a record of the hearing as provided by Section 36.408(a), the presiding officer shall determine whether to prepare and submit a proposal for decision to the board under this section.
(f) The board shall consider the proposal for decision at a final hearing. Additional evidence may not be presented during a final hearing. The parties may present oral argument at a final hearing to summarize the evidence, present legal argument, or argue an exception to the proposal for decision. A final hearing may be continued as provided by Section 36.409.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 6, eff. June 10, 2015.
Section: Previous 36.404 36.405 36.4051 36.406 36.407 36.408 36.409 36.410 36.411 36.412 36.413 36.414 36.415 36.416 36.4165 NextLast modified: September 28, 2016