SECTION 107.51. Findings of Fact and Conclusions of Law  


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  • (a) The board may change a finding of fact or conclusion of law in a proposal for decision made by the administrative law judge if the board determines:

    (1) that the administrative law judge did not properly apply or interpret applicable law, agency rules, written policies, or prior administrative decisions;

    (2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or

    (3) that a technical error in a finding of fact should be changed.

    (b) The board shall state in writing the specific reason and legal basis for a change made under this section.

Source Note: The provisions of this §107.51 adopted to be effective November 30, 1999, 24 TexReg 10544; amended to be effective December 25, 2016, 41 TexReg 9931