Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 519 - PRACTICE AND PROCEDURE
Subchapter D - PROCEDURES AFTER HEARING
Section 519.72 - Decisions and Orders

Universal Citation: 22 TX Admin Code ยง 519.72

Current through Reg. 49, No. 38; September 20, 2024

(a) All decisions and orders of the board pertaining to a contested case shall be made during a public meeting duly noticed pursuant to the Chapter 551 of the Texas Government Code (relating to Open Meetings). The board's decisions and orders shall be in writing and reported in the minutes of the meeting. An order of the board shall include findings of fact and conclusions of law, separately stated.

(b) A copy of the decision or order of the board shall be delivered or mailed to all parties or, if represented by counsel, to their attorney of record.

(c) The board may change a finding of fact or conclusion of law made by the ALJ, or may vacate or modify an order issued by the ALJ, only if the board determines:

(1) that the ALJ did not properly apply or interpret applicable law, agency rules, written policies provided to the ALJ with a written statement of applicable rules or policies, or prior administrative decisions;

(2) that a prior administrative decision on which the ALJ relied is incorrect or should be changed; or

(3) that a technical error in a finding of fact should be changed.

(d) If the board modifies, amends, or changes the ALJ's recommended order, an order shall be prepared reflecting the board's changes and the board's specific reason and legal basis for the changes.

(e) A board decision or order is administratively final when:

(1) there is no filing of a timely motion for rehearing; or

(2) a timely motion for rehearing is filed and the latest timely filed motion for rehearing is overruled by board order or operation of law.

(f) The board shall make the final decision in assessing the discipline provided for in §901.501 of the Act (relating to Disciplinary Powers of Board) and § 519.41 of this chapter (relating to Disciplinary Powers of the Board).

(g) Interpretive comment. Section 2001.058(e) of the APA provides the standard that a governmental agency must follow in changing a recommendation of an ALJ of SOAH. Case law makes it clear that the standard must be strictly adhered to in order for the change to the recommendation to be valid. The above language in subsection (c) of this section addresses the required standards.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.