SECTION 1.1104. Appeal

(a) A protesting party or any other interested party who is not satisfied with the determination of the chief financial officer may appeal the determination to the commissioner. The appeal must be submitted in writing to the commissioner and received in the office of the commissioner no later than 10 working days after the date of the chief financial officer's determination. The appeal is limited to review of the chief financial officer's determination.

(b) The appealing party must mail or deliver copies of the appeal to all other interested parties. The appeal to the commissioner must contain an affidavit that such copies have been provided.

(c) Upon receipt of a timely appeal that conforms with this subchapter, the commissioner may designate one or more members of the department's executive management staff or other employees of the department to review the protest, the determination of the chief financial officer, and the appeal of the determination. The designee(s) will prepare and submit to the commissioner a written recommendation regarding the appeal.

(d) The written decision of the commissioner shall be the final administrative action of the department regarding the protest and appeal.

Source Note: The provisions of this §1.1104 adopted to be effective November 6, 2001, 26 TexReg 8846