SECTION 67.83. Filing of Exceptions and Replies

(a) Any Party may, no later than thirty (30) days after the date of service of the proposal for decision, file exceptions to the proposal for decision. Replies to the exceptions shall be filed no later than forty-five (45) days after the date of service of the proposal for decision. The Examiner, at his discretion, may grant a reasonable extension of the time for filing of exceptions and replies. A request for extension of time to file exceptions or replies shall be filed with the Examiner prior to the deadline for filing same, and a copy of the request shall be served on all Parties by the Party making the request. Additional time shall be allowed only when the interests of justice so require. The Examiner shall have thirty (30) days from the last timely filing of exceptions or replies to modify the proposal for decision or otherwise respond.

(b) Upon the expiration of the earlier of the time to file exceptions (if no exceptions are filed) or the time for the Examiner to respond to any timely filed exceptions or replies, the Examiner shall forward the record to the Executive Director and the proposal for decision may be considered and ruled upon by the Board or its designee as provided in this chapter. The Examiner's jurisdiction in the Proceeding terminates at the time for forwarding the record.

(c) Upon review of the record, the Executive Director may reverse ERS' decision underlying the Proceeding. Otherwise, the Proceeding will be submitted to the Board or its designee for a final administrative decision unless it is resolved informally as allowed by law.

Source Note: The provisions of this §67.83 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302