Section 1.36 - Proposal for Decision; Filing of Exceptions and Replies(a) Proposal for decision. For contested cases in which the judge does not have authority to issue a final decision, the judge shall prepare a proposal for decision.(b) Submission of the proposal for decision. The judge shall submit the proposal for decision to the executive director and furnish a copy to each party.(c) Exceptions and replies. A party may submit to the judge an exception to the proposal for decision or a reply to an exception. The party must file a copy of the exception to the proposal for decision or the reply with the executive director, regardless of whether the final order in the case is to be issued by the executive director or the commission.(1) To be effective:(A) an exception must be submitted to the judge and filed with the executive director within 15 days after the date that the party receives service of the proposal for decision; and(B) a reply to an exception must be submitted to the judge and filed with the executive director within 15 days of the date on which the exception is filed.(2) If the proposal for decision is served by hand delivery or by electronic mail, the date of service of the proposal is presumed to be the date of delivery. If the proposal for decision is served by regular mail, interagency mail, certified mail, or registered mail, the date of service of the proposal is presumed to be the third calendar day after the date of the mailing.(3) The judge may extend or shorten the time to file exceptions or replies.(4) The parties shall submit to SOAH and file with the executive director any motion for an extension of time to file an exception or reply not later than the fifth day before the applicable deadline for submission of the exception or reply. The motion must show either: (A) good cause for the requested extension; or(B) agreement of all other parties to the extension.(d) Judge's review of exceptions and replies. The judge shall review all exceptions and replies and notify the executive director and parties whether the judge recommends any changes to the proposal for decision.(e) Judge's authority. The judge may:(1) amend the proposal for decision in response to exceptions and replies to exceptions; and(2) correct any clerical errors in the proposal for decision.(f) Response to amended proposal. A party is not entitled to file an exception or brief in response to an amended proposal for decision.43 Tex. Admin. Code § 1.36
The provisions of this §1.36 adopted to be effective November 18, 2010, 35 TexReg 10053; Amended by Texas Register, Volume 43, Number 41, October 12, 2018, TexReg 6848, eff. 10/17/2018