Tex.
Occ. Code Section 2301.709
Review by Board
(a)
In reviewing a case under this subchapter, the board or a person delegated power from the board under Section 2301.154 (Delegation of Powers) may consider only materials that are submitted timely.(b)
The board or a person delegated power from the board under Section 2301.154 (Delegation of Powers) 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 (Delegation of Powers) 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 (Delegation of Powers), 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 (Delegation of Powers) 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.
Source:
Section 2301.709 — Review by Board, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2301.htm#2301.709 (accessed Jun. 5, 2024).
