(a) A protesting party who is not satisfied with the determination of the Responsible Individual may appeal the determination to the Commissioner or, upon the Commissioner's delegation, to the Deputy Commissioner. The appeal must be submitted in writing and received by the Commissioner's office no later than ten working days after the date of the Responsible Individual's determination. If an appeal is not timely submitted as provided under this subsection, the written determination of the Responsible Individual is the final administrative action of the Department.(b) Upon receipt of a timely appeal that conforms with the requirements of this subchapter, the Commissioner or Deputy Commissioner may designate an employee of the Department to review the protest, the determination made by the Responsible Individual, and the appeal of the Responsible Individual's determination. The designee will prepare and submit to the Commissioner or Deputy Commissioner a written recommendation regarding the appeal within five working days of the designation.(c) In making a final determination, the Commissioner or Deputy Commissioner will consider only the written determination of the Responsible Individual, those materials or pleadings submitted to the Responsible Individual, and, if applicable, the written recommendation made by a designated employee. No further arguments, authorities, documents, or pleadings shall be filed with the Commissioner or Deputy Commissioner.(d) The Commissioner or Deputy Commissioner will issue a final written determination of the appeal, denying or sustaining the protest, in whole or in part, which shall be the final administrative action of the Department.4 Tex. Admin. Code § 1.1103
The provisions of this §1.1103 adopted to be effective March 26, 2013, 38 TexReg 1971; Amended by Texas Register, Volume 47, Number 40, October 7, 2022, TexReg 6579, eff. 10/12/2022