SECTION 143.2. Description of the Appeal Proceeding

(a) To review the decision of the administrative law judge, the appeals panel considers the appellant's request, the respondent's response, and the record of the benefit contested case hearing. The parties do not appear in person before the panel.

(b) The appeals panel may:

(1) reverse the decision of the administrative law judge and render a new decision;

(2) reverse the decision of the administrative law judge and remand to the administrative law judge for a second benefit contested case hearing, which shall be set as provided by §142.18 of this title (relating to Special Provisions for Cases on Remand from the Appeals Panel). The appeals panel may not remand a case more than once; or

(3) affirm the decision of an administrative law judge in a case as described by Labor Code §410.204(a-1).

Source Note: The provisions of this §143.2 adopted to be effective March 7, 1991, 16 TexReg 1195; amended to be effective December 13, 2009, 34 TexReg 8739; amended to be effective November 20, 2011, 36 TexReg 7876; amended to be effective January 7, 2019, 44 TexReg 111