SECTION 14.12. Filing of Notice of Protest; Appeal to the Board

(a) A person who disputes the recommendation of the department's hearing officer or the department's final determination on a claim shall file a Notice of Protest with the department. The notice shall be sent to the attention of the Hearings Clerk, General Counsel Division, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. A copy of the Notice of Protest shall be sent to the opposing party and/or a designated representative.

(b) A Notice of Protest shall be in writing, state the reason or reasons for the protest, and request a hearing before the Board.

(c) A Notice of Protest must be received by the department within 15 days from the date of the receipt of the hearing officer's Proposal for Decision on the claim, or if an appeal from the final agency determination, within 20 days from the date the final agency determination was mailed. The department shall accept notices of protest filed by facsimile transmission, as long as the facsimile is received no later than 5 p.m. on the due date. Oral notices of protest shall not be accepted.

(d) If a Notice of Protest is received on a claim, the claim shall be referred to the Board for hearing.

Source Note: The provisions of this §14.12 adopted to be effective August 13, 1997, 22 TexReg 7223.