SECTION 819.199. Commission Decision

(a) After the time for filing exceptions and replies to exceptions has expired, the Commission shall consider the hearing officer's report and the proposal for decision. The Commission may adopt the proposal for decision, modify and adopt it, reject it and issue a Commission decision, or remand the matter to the hearing officer. The Commission shall issue its decision within 60 calendar days of the end of the exceptions period. The hearing officer may extend the period in which the decision may be signed and prepare the decision for the Commission.

(b) A Commission decision that is adverse to one or more parties shall be in writing and signed after a majority vote of the Commission. Such a decision shall include findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(c) The Agency shall notify each party to a contested case of any decision or order of the Commission by using at least one of the following methods of service:

(1) personal service;

(2) if agreed to by the party to be notified, service by electronic means sent to the current email address or facsimile number of the party's attorney of record or of the party if the party is not represented by counsel; or

(3) first-class, certified, or registered mail sent to the last known address of the party's attorney of record or of the party if the party is not represented by counsel.

(d) A Commission decision becomes final:

(1) if a motion for rehearing is not filed on time, on the expiration of the period for filing a motion for rehearing;

(2) if a motion for rehearing is filed on time, on the date:

(A) the order overruling the latest filed motion for rehearing is signed; or

(B) the latest filed motion for rehearing is overruled by operation of law;

(3) if the Commission finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision on the date the decision is signed, provided that the Commission incorporates in the decision a factual and legal basis establishing such imminent peril; or

(4) on the date specified in the decision for a case in which all parties agree to the specified date in writing or on the record, if the specified date is not before the date the decision is signed or later than the 20th day after the date the decision was issued.

Source Note: The provisions of this §819.199 adopted to be effective August 1, 2016, 41 TexReg 5559; amended to be effective May 14, 2018, 43 TexReg 3119