SECTION 67.87. Submission of Appeals to the Board's Designee

(a) Except as otherwise provided in this chapter, Proceedings shall be considered by the Board's designee for a final decision, and shall be decided on submission of the record. Upon written motion and a showing of good cause, a Party or his Authorized Representative may make a written request for oral argument before the Board's designee. The request must be filed with the Executive Director no later than the thirtieth (30th) day after the deadline to file exceptions or the Examiner's deadline to respond to exceptions and replies, whichever is later. The designee's decision regarding a request for hearing constitutes final Agency action and no further administrative appeal from the decision is available. If the request is granted, the oral argument shall be conducted in accordance with §67.89 of this chapter (relating to presentation of contested cases to the Board or its designee). In a Proceeding referred to the Board pursuant to §67.5(d) of this chapter (relating to appeals), a request for oral argument shall be directed to the Executive Director.

(b) The Parties may submit written arguments to the Board's designee within thirty (30) days after service of the Examiner's final proposal for decision responding to any exceptions and replies to exceptions filed by the Parties. Responses to such written arguments shall be filed within thirty (30) days after service of the written argument. All written arguments and responses shall be filed with the Executive Director.

(c) Proceedings to be decided upon submission may be submitted to the Board's designee after sixty (60) days from ERS' receipt of the record from the Examiner and all written arguments and responses, if any.

Source Note: The provisions of this §67.87 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective May 30, 1991, 16 TexReg 2737; amended to be effective January 3, 1997, 21 TexReg 12426; 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