SECTION 153.1247. Final Decisions and Orders

(a) Unless a party or the party's authorized representative, as appropriate, agrees in writing to receive it via facsimile or email, a copy of the commissioner of education's decision or order shall be delivered by certified mail to the parties or to their authorized representatives, as appropriate. Texas Education Agency staff shall send the copy by facsimile or email to the State Office of Administrative Hearings (SOAH) if SOAH has issued a proposal for decision in the case.

(b) All final decisions and orders of the commissioner under this subchapter shall be in writing and signed. A final decision or order shall include findings of fact and conclusions of law separately stated. The findings of fact or conclusions of law may be adopted by reference to another document.

(c) The commissioner may adopt an order modifying findings of fact or conclusions of law in a proposal for decision submitted by the administrative law judge (ALJ) in accordance with the Texas Government Code, Chapter 2001. The commissioner may remand the matter back to the ALJ with specific instructions for the ALJ to determine an essential finding of fact or to apply the correct burden or standard of proof.

Source Note: The provisions of this §153.1247 adopted to be effective December 31, 2019, 44 TexReg 8307