Section 81.10 - Final Board Order(a) Proposals for decision (PFD), final Board orders, and motions for rehearing are governed by Texas Government Code Chapter 2001. (b) The Board shall render the final decision in all cases.(c) The Board's final order shall be written.(d) A party may submit to the Board a proposed final order based on the Administrative Law Judge's (ALJ) PFD.(e) The Board shall determine the form and content of any final order.(f) The Board may act on the PFD after the 10th business day after the filing of replies to exceptions to the PFD.(g) The Board may change recommended findings of fact or conclusions of law in a PFD or vacate or modify an order issued by an ALJ if the Board finds: (1) the ALJ did not properly apply or interpret applicable law or rules, board policies, or prior administrative decisions;(2) a prior administrative decision by the Board on which the ALJ relied is incorrect or should be changed; or(3) a technical error in a finding of fact should be changed.(h) If the Board modifies, amends, or changes a recommended finding of fact, or conclusion of law, or order of the ALJ, the Board's final order shall state the legal basis and the specific reasons for the change. (i) A copy of the final order shall be mailed to all parties, unless service by electronic means has been agreed to.(j) The Board's order is final and appealable if: (1) a motion for rehearing is timely filed with the Board and the motion is either overruled by the Board or by operation of law; or(2) the Board states in the order an imminent threat to the public requires the order to have immediate effect.(k) A party may appeal a final Board order to a Travis County district court.22 Tex. Admin. Code § 81.10
Adopted by Texas Register, Volume 40, Number 04, January 23, 2015, TexReg 380, eff. 1/29/2015; Amended by Texas Register, Volume 40, Number 47, November 20, 2015, TexReg 8217, eff. 11/24/2015; Transferred from 22 TAC § 79.10 by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6963, eff. 11/1/2018; Adopted by Texas Register, Volume 45, Number 24, June 12, 2020, TexReg 4032, eff. 6/30/2020