SECTION 1.205. Final Action for Rule Proposals Where a Hearing or Meeting Is Requested or Required

When a hearing or meeting is required by statute or these rules, the commissioner may take final action on a proposed rule only after a hearing which meets the requirements of paragraphs (1)-(3) of this section.

(1) The commissioner shall conduct the hearing. All interested persons shall be permitted to make oral comments to the commissioner.

(2) As soon as practicable after the comment period has expired and the hearing has been docketed and scheduled, the staff will prepare a summary of comments and responses with any recommendations, as well as an attachment highlighting any recommended changes to inform the commissioner about issues, concerns, and questions raised during the period for comment.

(3) Action on the proposed rule is solely within the discretion of the commissioner. The commissioner may take the matter under advisement at the conclusion of the hearing.

Source Note: The provisions of this §1.205 adopted to be effective September 27, 1994, 19 TexReg 7179; amended to be effective March 29, 1998, 23 TexReg 3008.