Section 32.3 - Appeal of Other Orders and Decisions(a) For appeals of orders and decisions of the executive director concerning brucellosis see §35.2(l) and §35.2(p) of this title.(b) For appeals of orders and decisions of the executive director concerning CWD Herd Certification Program see §40.3(h) of this title.(c) For appeals of orders and decisions of the executive director concerning fever ticks see §41.8(3) and §41.11 of this title.(d) For appeals of orders and decisions of the executive director concerning tuberculosis see §43.2(k) of this title.(e) For appeals of orders and decisions of the executive director concerning authorized personnel see §47.7 of this title.(f) For appeals of orders and decisions of the executive director concerning piroplasmosis see §49.6(g) of this title.(g) For appeals of executive declarations of high risk disease movement restriction zones see §59.11(g) of this title.(h) For appeals of all other orders and decisions of the executive director not enumerated above, the following procedure applies:(1) A person receiving a written order or decision from the commission or executive director must file a notice of appeal no later than 15 days from receipt of the decision. The notice of appeal must be filed in writing with the executive director at the commission's office in Austin. The notice of appeal must attach copy of the order or decision being appealed and specifically state the issues for consideration on appeal.(2) If a timely request is made, the commission shall determine if a contested hearing is authorized under the relevant statutory provisions and rules. If so, the commission shall refer the matter to SOAH for a hearing.(3) After the conclusion of the hearing, the ALJ shall make findings of fact and conclusions of law and promptly issue to the commission a proposal for a decision about the issues appealed in accordance with §2001.062 of Texas Government Code and SOAH rules.4 Tex. Admin. Code § 32.3
Adopted by Texas Register, Volume 49, Number 06, February 9, 2024, TexReg 0633, eff. 2/15/2024