SECTION 101.52. Secretary of State's Decision

(a) The proposed decision of the hearings examiner must be approved by the secretary of state before it is given any effect.

(b) Unless otherwise provided by law or these sections, the secretary of state shall render a decision on the hearings examiner's proposed decision on the following date which occurs first:

(1) 20 days after the date of service of the hearings examiner's proposed decision on the parties, where no exceptions have been timely filed; or

(2) 20 days after the timely filing of exceptions to the hearings examiner's proposed decision with the appropriate office.

(c) After approval by the secretary of state, the proposed decision of the hearings examiner shall become the agency's decision. The agency's decision will be served on all parties and is final 20 days after the date a party or his attorney is notified of the agency decision, unless a motion for rehearing is filed with the appropriate office on or before the 20th day.

(d) The agency shall notify parties or their attorneys of record either personally or by first class mail of the agency decision. An appropriate record of that mailing shall be kept by the agency. A party or his attorney of record notified by mail shall be presumed to have been notified on the date such notice was mailed.

(e) If the motion for rehearing is granted, the decision is vacated pending a subsequent decision upon rehearing. If the motion for rehearing is overruled, whether by order or by the operation of law, the decision is final on the date it is overruled.

Source Note: The provisions of this §101.52 is adopted to be effective April 7, 1986, 11 TexReg 1508; amended to be effective August 30, 1990, 15 TexReg 4691.