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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In reviewing a case under this subchapter, the board or a person delegated power from the board under Section 2301.154 may consider only materials that are submitted timely.
(b) The board or a person delegated power from the board under Section 2301.154 may hear such oral argument from any party as the board may allow.
(c) The board or a person delegated power from the board under Section 2301.154 shall take any further action conducive to the issuance of a final order and shall issue a written final decision or order. A majority vote of a quorum of the board is required to adopt a final decision or order of the board.
(d) The board shall adopt rules and policies that establish standards for reviewing a case under this subchapter. The rules and policies must:
(1) specify the role of division personnel in managing contested cases before the board or a person delegated power from the board under Section 2301.154, including advising on procedural matters;
(2) specify appropriate conduct and discussion by the board or a person delegated power from the board under Section 2301.154 regarding proposals for decision issued by administrative law judges;
(3) specify clear expectations limiting arguments and discussion under Subsection (b) to evidence in the record of the contested case hearing held by the administrative law judge;
(4) address ex parte communications; and
(5) distinguish between using industry expertise and representing or advocating for an industry when reviewing a case under this subchapter.
Cite this article: FindLaw.com - Texas Occupations Code - OCC § 2301.709. Review by Board - last updated January 01, 2024 | https://codes.findlaw.com/tx/occupations-code/occ-sect-2301-709/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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