The board may make final decisions in certain permit contested-case hearings and must issue them in writing within required time limits.
Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS. (a) In a proceeding for a permit application or amendment in which a district has contracted with the State Office of Administrative Hearings for a contested case hearing, the board has the authority to make a final decision on consideration of a proposal for decision issued by an administrative law judge. (b) A board may change a finding of fact or conclusion of law made by the administrative law judge, or may vacate or modify an order issued by the administrative judge, only if the board determines: (1) that the administrative law judge did not properly apply or interpret applicable law, district rules, written policies provided under Section 36.416(e), or prior administrative decisions; (2) that a prior administrative decision on which the administrative law judge relied is incorrect or should be changed; or (3) that a technical error in a finding of fact should be changed. (c) A final decision issued by the board under this section must be in writing and must either adopt the proposed findings of fact and conclusions of law as proposed by the administrative law judge or include revised findings of fact and conclusions of law consistent with Subsection (b). (d) Notwithstanding any other law, a board shall issue a final decision under this section not later than the 180th day after the date of receipt of the final proposal for decision from the State Office of Administrative Hearings. The deadline may be extended if all parties agree to the extension. (e) Notwithstanding any other law, if a motion for rehearing is filed and granted by a board under Section 36.412, the board shall make a final decision on the application not later than the 90th day after the date of the decision by the board that was subject to the motion for rehearing. (f) A board is considered to have adopted a final proposal for decision of the administrative law judge as a final order on the 181st day after the date the administrative law judge issued the final proposal for decision if the board has not issued a final decision by: (1) adopting the findings of fact and conclusions of law as proposed by the administrative law judge; or (2) issuing revised findings of fact and conclusions of law as provided by Subsection (b). (g) A proposal for decision adopted under Subsection (f) is final, immediately appealable, and not subject to a request for rehearing. Added by Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 3, eff. May 12, 2011. Amended by: Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 10, eff. June 10, 2015. Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 7, eff. June 9, 2023.