SECTION 401.57. Filing of Exceptions and Replies to Proposal for Decision  


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  • (a) A copy of the proposal for decision in a contested case shall be simultaneously delivered or mailed by certified mail, return receipt requested, to each party representative of record.

    (b) Exceptions to the proposal for decision shall be filed within 20 days of the date of the proposal for decision.

    (c) Replies to exceptions shall be filed within 15 calendar days after the date of filing of the exceptions and briefs.

    (d) The exceptions shall be specifically and concisely stated. The evidence relied upon shall be stated with particularity, and any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.

    (e) The hearings officer will rule on all exceptions, briefs, replies, and requests for extension of time and notify the parties of decisions and any amendments to the proposal for decision.

Source Note: The provisions of this §401.57 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826