The board, or someone it delegates, may review only timely submitted materials, may hear oral argument if the board allows it, and must take further action to issue a written final decision or order.
Sec. 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 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. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 3, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 26, eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 594 (S.B. 604), Sec. 2.06, eff. September 1, 2019.