SECTION 1.123. Commission Action

(a) At an open meeting, the Commissioners may:

(1) adopt, modify, or reject the examiner's proposed findings of fact and conclusions of law in whole or in part;

(2) remand the proceeding for further consideration by the same examiner or a different examiner;

(3) direct the examiner to further consider the case with or without reopening the hearing.

(b) If, on remand by the Commissioners, additional evidence is received which results in a substantial change of the examiner's recommendation for final action, an amended proposal for decision shall be prepared and circulated to the parties, unless a majority of the Commission has held the hearing or read the record. If an amended proposal for decision is prepared, all parties shall have the right to file exceptions, replies, and briefs.

Source Note: The provisions of this §1.123 adopted to be effective August 21, 2017, 42 TexReg 4131