Sec. 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, Sec. 1, eff. Sept. 1, 1999.
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