Section 1.25 - Filing of Exceptions, Briefs, and Replies(a) After the record of a hearing has closed, the administrative law judge shall issue a proposal for decision, stating findings of fact, conclusions of law and making a recommendation to the commissioner on the case, or issue a final order, if authorized.(b) For cases heard by an administrative law judge employed by the department, the proposal shall be issued within 30 working days from the date that the record of the case is closed. If the administrative law judge is unable to submit the proposal within the 30 days, the administrative law judge shall request an extension from the lead deputy general counsel. Neither the administrative law judge's failure to request an extension, the lead deputy general counsel's failure to grant the requested extension, nor the administrative law judge's failure to submit the proposal within the 30-day extended period shall in any way affect the validity of the proposal for decision or the commissioner's jurisdiction, consideration, or action relative to the proposal for decision.(c) Any party may, within 15 days after the date of service of such proposal, file exceptions and briefs to the proposal with the hearings clerk. Replies to such exceptions and briefs may be filed with the hearings clerk within 15 days after the date for filing of such exceptions and briefs. Notwithstanding any provision of these rules to the contrary, for purposes of this section, the term "filed" means actually received by the hearings clerk. Any exceptions, briefs, or replies filed shall be served on parties in accordance with § 1.5 of this chapter (relating to Filing and Service of Documents). A request for extension of time to file exceptions, briefs, or replies shall be filed with the hearings clerk and served on all other parties in accordance with § 1.5 of this chapter (relating to Filing and Service of Documents). The administrative law judge shall promptly notify the parties of the ruling on any request for extension and shall allow additional time only in extraordinary circumstances where the interests of justice so require. A party may submit, and at the request of the administrative law judge shall submit, proposed findings of fact to be considered by the administrative law judge in the preparation of the proposal for decision.(d) The points involved in such exceptions, briefs, and replies shall be concisely stated. The evidence in support of each point shall be abstracted or summarized, and/or briefly stated in the form of proposed findings of fact. Complete citations to the page number of the record or exhibit referring to evidence shall be made. The specific purpose for which the evidence is relied upon shall be stated. The argument and authorities shall be organized and directed to each point properly proposed as a finding of fact in a concise and logical manner. Briefs shall contain a table of contents and authorities. Briefs, prior to the issuance of a proposal for decision, may be filed only when requested or permitted by the administrative law judge.(e) The administrative law judge may amend the proposal for decision pursuant to exceptions, replies, or briefs submitted by the parties without the proposal for decision again being served on the parties.(f) The failure of a party to properly serve copies of any exceptions and/or briefs filed in accordance with this section may result in withholding of consideration of the exceptions and/or briefs by the administrative law judge.(g) Upon the expiration of the time for filing exceptions or replies to exceptions, or after such exceptions and replies have been filed and considered, the administrative law judge's proposal for decision shall be considered by the commissioner, who shall render a decision and issue an order.(h) In cases where the administrative law judge is authorized to issue a final order, the order will become final upon the expiration of the time for filing exceptions or replies to exceptions, or after such exceptions and replies have been filed and considered.4 Tex. Admin. Code § 1.25
The provisions of this §1.25 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; Amended by Texas Register, Volume 47, Number 48, December 2, 2022, TexReg 8039, eff. 12/8/2022