Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 1 - MANAGEMENT
Subchapter E - PROCEDURES IN CONTESTED CASE
Section 1.36 - Proposal for Decision; Filing of Exceptions and Replies
Current through Reg. 50, No. 13; March 28, 2025
(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.
(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:
(f) Response to amended proposal. A party is not entitled to file an exception or brief in response to an amended proposal for decision.