with changes
to the proposed text as published in
the October 17, 2003, issue of the
Texas Register
(28 TexReg 9019). Sections 155.1, 155.3, 155.5, 155.35, 155.37, and
155.55 - 155.57 are adopted
without changes
to
the proposed text, and will not be republished.
SUMMARY OF THE BASIS FOR THE ADOPTED RULES
SOAH's adopted amendments update, streamline, and improve the uniform procedural
rules it promulgated pursuant to Texas Government Code §2003.050. The
adopted amendments will further enhance SOAH's ability to provide for an efficient,
just, fair, and impartial adjudication of the rights of the parties under
a consistent set of procedures.
GENERAL SECTIONS DISCUSSION
Adopted (
without changes to the proposed text
) §§155.1, 155.3, and 155.5 are amended to delete references
to the Railroad Commission of Texas (RRC), because RRC cases will no longer
be referred to SOAH.
Adopted (
without changes to the proposed text
) §§155.1, 155.3, 155.5, 155.35 and 155.37 are amended to
change references in them from the Texas Natural Resources Commission (TNRCC)
to reflect the Commission's new name, the Texas Commission on Environmental
Quality (TCEQ).
SECTION BY SECTION DISCUSSION
Adopted (
without changes to the proposed text
) §155.1 is amended to change the effective date from 2001 to
2003 of the Public Utility Commission of Texas (PUC) and TCEQ procedural rules
adopted by reference.
Adopted (
with changes to the proposed text
) §155.15
is amended to add subsection (a)(4), which clarifies an existing and necessary
practice the judge's authority to reopen the record when justice requires.
In response to comments described below, the proposed rule has been changed
to clarify that such action can only be taken if a dismissal, proposal for
decision, or final order has not been issued. Additionally, subsection (b)(11)
is amended to change its reference to the Texas Natural Resources Commission
(TNRCC) to reflect the Commission's new name, the Texas Commission on Environmental
Quality (TCEQ).
Adopted (
with changes to the proposed text
) §155.23
is amended to delete references to the Railroad Commission of Texas (RRC),
because RRC cases will no longer be referred to SOAH; and to change its references
from the Texas Natural Resources Commission (TNRCC) to reflect the Commission's
new name, the Texas Commission on Environmental Quality (TCEQ). For the same
reasons, adopted paragraph (1)(A) has also been changed to delete the RRC
reference and to change the reference from the TNRCC to TCEQ changes that
were inadvertently left out of the proposed amendments. Additionally, the
last sentence in proposed paragraph (1)(A) has been deleted from the adopted
paragraph (1)(A), because the deleted sentence referenced procedural requirements
no longer applicable to SOAH practice.
Adopted (
without changes to the proposed text
) §155.37 is amended so that paragraph (3) specifies when a SOAH
mediator will conduct mediated settlement conferences in cases referred by
TCEQ.
Adopted (
with changes to the proposed text
) §155.43
is amended: (1) to require that statements about stenographic recordings be
filed with the SOAH docket clerk, because the position of "Director of Hearings"
has been eliminated from SOAH; and (2) to comport with the new statutory requirement
in Texas Government Code §2003.057 that SOAH provide and pay for interpreters
for hearings. Adopted subsection (g) has been changed to correct an inadvertent
dropping of the word "provide" from the proposed language, to assure that
SOAH meets the full requirements of Texas Government Code §2003.057.
Adopted (
with changes to the proposed text
) §155.45
is amended: (1) to comply with the new statutory requirement in Texas Government
Code §2003.050(c) that SOAH include in its rules procedures to verify
the identity of telephonic witnesses; (2) to require that requests for videoconferencing
include the city of residence of the party or witness; and (3) to clarify
that the judge has discretion to grant or deny such requests depending upon
the availability of videoconferencing facilities at the time of the hearing.
Adopted subsection (c) has been changed from its proposed language to correct
grammar by placing an "a" before the words "party motion" found near the end
of the sentence.
Adopted (
without changes to the proposed text
) §155.55 is amended to simplify the rule's language.
Adopted (
without changes to the proposed text
) §155.56 creates a separate rule describing SOAH's procedures
for dismissals for failure to prosecute and other dismissal actions. Subsections
(b) and (c) have merely been moved from §155.57 (concerning Summary Disposition
and Dismissal) the substance of those subsections has not changed.
Adopted (
without changes to the proposed text
) §155.57 is amended so that it relates only to Summary Disposition,
and deletes references to dismissal actions.
Adopted (
with changes to the proposed text
) §155.59
is amended to add subsection (c), which creates one deadline for exceptions
and replies for all SOAH cases, to eliminate the confusion attendant to the
present situation in which every referring agency has different exceptions
and replies deadlines. The adopted rule has been changed from the proposed
language to clarify that only one copy of exceptions and replies should be
filed at SOAH, and to give referring agencies a deadline by which the judge
will inform them whether changes will be made to the Proposal for Decision
(PFD). Furthermore, the adopted rule clarifies that the judge has discretion
to shorten or extend the time for filing exceptions and replies. Parties are
required to file requests for extension of time for filing exceptions and
replies with the judge instead of the referring agency, because the judge
is responsible for considering them.
HEARINGS AND COMMENTS
A public hearing was not held. Written comments were filed by the Railroad
Commission of Texas (RRC), the Texas Lottery Commission (TLC), and TXU Energy
Companies & Oncor Electric Delivery Company (TXU/Oncor).
RESPONSES TO COMMENTS
COMMENTS RELATING TO §§155.1, 155.3, 155.5, and 155.23. The RRC
supported the amendments deleting references to the RRC in the rules, because
RRC cases will no longer be referred to SOAH.
COMMENTS RELATING TO §155.15. Powers and Duties of Judges: In response
to proposed §155.15(a)(4), the TLC commented that the proposed rule left
unclear what limitations, if any, would exist to a judge's authority to reopen
the record in a contested case. In particular, the TLC wondered whether a
judge could reopen the record after an agency had adopted the judge's PFD,
or whether an agency might adopt a PFD on the same day the judge decided to
reopen the record. With these possible conflicts in mind, the TLC suggested
that SOAH include a time limitation on this authority. Additionally, the TLC
suggested that SOAH provide examples of when it would be appropriate for a
judge to reopen the record. TXU/Oncor commented that the rule should be amended
to clarify that the judge could not reopen the record once the case has been
returned to the referring agency.
SOAH agrees that the rule's language should be limited to clarify that
such action can only be taken if a dismissal, PFD, or final order has not
been issued. The following is a list of examples of situations in which a
judge might find that justice required reopening the record:
(1) When the party who did not have the burden of proof failed to appear
at a hearing in which a default proceeding under §155.55 (concerning
Default Proceedings) was not possible (
e.g.
,
in a medical necessity dispute referred by the Texas Workers' Compensation
Commission), and the party with the burden of proof proceeded with its case.
In such an instance, if the absent party then filed a motion explaining good
cause for its absence, the judge could reopen the record and accept additional
evidence before issuing a decision.
(2) When the judge had sorted through the evidence in a case and found
that a vital part of the evidence was missing or a critical legal issue had
not been addressed, the judge could notify the parties of the need to reopen
the record to fill in the gap.
(3) When new law addressing an issue in a case arose after the record had
closed, the judge could reopen the record and give the parties an opportunity
to address issues in the case in light of the new law before the PFD or final
order issued.
(4) When new evidence was discovered by a party that then filed a motion
explaining good cause why the record should be reopened, the judge could grant
the motion. The foregoing list is not meant as a limitation on the judges'
discretion in this area; nor should it be construed as a direction on how
the judges should rule in these or similar circumstances.
COMMENTS RELATING TO §155.59. Proposal for Decision: In response to
proposed §155.59(c), the TLC explained that the language made it unclear
whether two copies of exceptions and replies to a PFD were required to be
filed one to the judge, and one to the SOAH docket clerk. SOAH agrees and
has clarified the rule so the parties will know to file only one copy at SOAH.
The TLC also commented on §155.59(c)(3), suggesting that the rule
require the judge to notify the referring agency within seven days after the
last day for filing replies to exceptions whether changes would be made to
the PFD. TLC explained that without such a deadline, the referring agency's
ability to consider PFDs and issue final orders is compromised. SOAH finds
that request reasonable and has changed the proposed language accordingly;
however, in order to assure that the judges have adequate time to consider
exceptions and replies, the amended subsection creates a 15-day deadline instead
of a 7-day deadline.
TXU/Oncor commented that standardizing the exceptions and replies deadline
would be beneficial. TXU/Oncor was concerned, however, that the proposed rule
did not adequately account for unusual situations in which the period for
exceptions and replies either needs to be shortened or extended beyond the
proposed deadlines. It suggested that a provision be added recognizing the
judges' discretion to take such action when the needs of the case dictate.
SOAH agrees and has added new subsection (c)(2) based on language suggested
by TXU/Oncor.
STATUTORY AUTHORITY
The amended and new sections are adopted under Texas Government Code §2003.050,
which authorizes SOAH to conduct contested case hearings and requires adoption
of hearings procedure rules, and Texas Government Code §2001.004, which
requires agencies to adopt rules of practice setting forth the nature and
requirements of formal and informal procedures.
The adopted amendments and new section affect Texas Government Code Chapters
2001 and 2003.
§155.15.Powers and Duties of Judges.
(a)
The judge shall have the authority and duty to:
(1)
conduct a full, fair, and impartial hearing;
(2)
take action to avoid unnecessary delay in the disposition
of the proceeding;
(3)
maintain order; and
(4)
reopen the record when justice requires, if a dismissal,
proposal for decision, or final order has not been issued.
(b)
The judge shall have the power to regulate prehearing matters,
the hearing, and the conduct of the parties and authorized representatives,
including the power to:
(1)
administer oaths;
(2)
take testimony, including the power to question witnesses;
(3)
rule on questions of evidence;
(4)
rule on discovery issues;
(5)
issue orders relating to hearing and prehearing matters,
including orders imposing sanctions;
(6)
admit or deny party status;
(7)
limit irrelevant, immaterial, and unduly repetitious testimony
and reasonably limit the time for presentations;
(8)
rule on motions of parties or the judge's own motion, including
granting or denying continuance;
(9)
request parties to submit legal memoranda, proposed findings
of fact, and conclusions of law;
(10)
issue proposals for decision pursuant to APA §2001.062,
and where authorized, final decisions;
(11)
for contested cases referred by an agency other than the
PUC or the TCEQ, impose appropriate sanctions against a party or its representative
for:
(A)
filing a motion or pleading that is groundless and brought:
(i)
in bad faith;
(ii)
for the purpose of harassment; or
(iii)
for any other improper purpose, such as to cause unnecessary
delay or needless increase in the cost of the proceeding;
(B)
abuse of the discovery process in seeking, making, or resisting
discovery; or
(C)
failure to obey an applicable rule or an order of the judge
or of the state agency on behalf of which the hearing is being conducted;
and
(12)
where appropriate and justified by party or representative
behavior described in paragraph (11) of this subsection, and after notice
and opportunity for hearing, issue an order:
(A)
disallowing further discovery of any kind or of a particular
kind by the offending party;
(B)
charging all or any part of the expenses of discovery against
the offending party or its representatives;
(C)
holding that designated facts be considered admitted for
purposes of the proceeding;
(D)
refusing to allow the offending party to support or oppose
a designated claim or defense or prohibiting the party from introducing designated
matters in evidence;
(E)
disallowing in whole or in part requests for relief by
the offending party and excluding evidence in support of those requests; and
(F)
striking pleadings or testimony, or both, in whole or in
part.
§155.23.Filing Documents or Serving Documents on the Judge.
The following requirements govern the filing or service on the judge
of documents in contested cases pending before SOAH unless modified by order
of the judge.
(1)
Place for Filing Original Materials.
(A)
Contested Cases Generally. The original of all pleadings
and other documents requesting action or relief in a contested case, except
contested cases referred to SOAH by the PUC and the TCEQ, shall be filed with
SOAH once it acquires jurisdiction under §155.7 of this title (relating
to Jurisdiction). Pleadings, other documents, and service to SOAH shall be
directed to: Docketing Division, State Office of Administrative Hearings,
300 West 15th Street, Room 504, P. O. Box 13025, Austin, Texas 78711-3025.
The time and date of filing shall be determined by the file stamp affixed
by SOAH. Unless otherwise ordered by the judge, only the original and no additional
copies of any pleading or document shall be filed.
(B)
Cases Referred by the PUC.
(i)
Except for exhibits offered at a prehearing conference
or hearing, the original of all pleadings and documents in a contested case
referred to SOAH by the PUC shall be filed with the clerk at the PUC in accordance
with the rules of the PUC.
(ii)
The time and date of filing these materials shall be determined
by the file stamp affixed by the clerk.
(iii)
The party filing a document with the clerk at the PUC
(except documents provided in the discovery process that are not the subject
of motions filed in a discovery dispute) shall serve a copy of the document
on the judge by delivery on the same day as the filing.
(iv)
The court reporter shall serve the transcript and exhibits
in a proceeding on the judge at the time the transcript is provided to the
requesting party. SOAH shall maintain the transcript and exhibits until they
are released to the PUC by the judge. If no court reporter is requested by
a party, SOAH shall maintain the recording of the hearing and the exhibits
until they are released to the PUC by the judge.
(C)
Cases Referred by the TCEQ.
(i)
Except for exhibits offered at a prehearing conference
or hearing, the original of all pleadings and documents in a contested case
referred to SOAH by the TCEQ shall be filed with the chief clerk at the TCEQ
in accordance with the rules of the TCEQ.
(ii)
The time and date of filing these materials shall be determined
by the file stamp affixed by the chief clerk, or as evidenced by the file
stamp affixed to the document or envelope by the TCEQ mail room, whichever
is earlier.
(iii)
The party filing a document with the chief clerk at the
TCEQ (except documents provided in the discovery process which are not the
subject of motions filed in a discovery dispute) shall serve a copy of the
document on the judge by delivery on the same day as the filing.
(iv)
The transcript and exhibits in a proceeding shall be served
on the judge at the time the transcript is provided to the requesting party.
SOAH shall maintain the transcript and exhibits until they are released to
the TCEQ by the judge. If no court reporter is requested by a party, SOAH
shall maintain the recording of the hearing and the exhibits until they are
released to the TCEQ by the judge.
(2)
Confidential Materials.
(A)
Filings Generally. A party filing materials made confidential
by law shall file them in an enclosed, sealed, and labeled container, accompanied
by an explanatory cover letter. The cover letter shall identify the docket
number and style of the case and explain the nature of the sealed materials.
The container shall identify the docket number, style of the case, and name
of the submitting party, and be marked "CONFIDENTIAL & UNDER SEAL" in
bold print at least one inch in size. Each page of the confidential material
shall be marked "confidential."
(B)
Materials Submitted for In Camera Review. A party submitting
materials for in camera review by the judge shall supply them to the judge
in an enclosed, sealed, and labeled container, accompanied by an explanatory
cover letter copied to all parties. The cover letter, addressed to the judge,
shall identify the docket number, style of the case, explain the nature of
the sealed materials, and specify the relief sought. The container, addressed
to the judge, shall identify the docket number, style of the case, and name
of the submitting party, and be marked "IN CAMERA REVIEW" in bold print at
least one inch in size. Each page for which a privilege is asserted shall
be marked "privileged." Said materials will not be received for filing by
SOAH unless the judge so orders. Unless otherwise ordered by the judge, materials
reviewed in camera will be returned to the party that submitted them.
(3)
Discovery Requests and Documents Produced in Discovery.
(A)
Discovery requests and deposition notices to be served
on parties and responses and objections to discovery requests shall not be
filed with SOAH or served on the judge, except as provided in subparagraph
(C) of this paragraph.
(B)
Documents produced in discovery shall be served upon the
requesting parties and notice of the service shall be given to all parties,
but neither the documents produced nor the notice of service shall be filed
with SOAH or served on the judge, except by order of the judge. The party
responsible for service of the discovery materials shall retain a true and
accurate copy of the original documents and become their custodian.
(C)
Motions requesting relief in a discovery dispute shall
be accompanied by only those portions of discovery materials relevant to the
dispute.
(D)
If documents produced in discovery are to be used at hearing
or are necessary to a prehearing motion that might result in a final order
on any issue, only the portions to be used shall be filed with SOAH or offered
into evidence.
(4)
Facsimile Filings. Documents may be filed with SOAH, or
in PUC or TCEQ cases served on the judge, by facsimile transmission according
to the following requirements:
(A)
The quality of the original hard copy shall be clear and
dark enough to transmit legibly.
(B)
The first sheet of the transmission shall indicate the
number of pages being transmitted, and shall contain a telephone number to
call if there are problems with the transmission.
(C)
Neither the original nor any additional copies of facsimile
filings should be filed with SOAH.
(D)
The sender shall maintain the original of the document
with the original signature affixed.
(E)
The date imprinted by SOAH's facsimile machine on the transaction
report that accompanies the document will determine the date of filing or
of service on the judge. Documents received on a Saturday, Sunday or other
day on which SOAH is closed shall be deemed filed the first business day thereafter.
(5)
Effect of Signing Pleadings. The signatures of parties
or authorized representatives constitute their certification that they have
read the pleading and that, to the best of their knowledge, information, and
belief formed after reasonable inquiry, the pleading is neither groundless
nor brought in bad faith.
§155.43.Making a Record of Contested Case.
(a)
A record of all contested case proceedings will be made.
At the judge's discretion and order, the making of a record of a prehearing
conference may be waived, and the actions taken at the conference may instead
be reflected in a written order issued after the conference. For any proceeding
in a docket set to last no longer than one day, SOAH is responsible for making
a tape recording of the hearing or prehearing conference.
(1)
A referring agency that prefers to arrange for a stenographic
recording of all docketed proceedings on a regular basis may do so by filing
a statement of intent to do so. The statement shall be filed with the SOAH
docket clerk and shall remain in effect for all proceedings conducted by SOAH
on behalf of the referring agency unless the statement is revoked in writing.
The referring agency shall make arrangements for stenographic recording of
all proceedings while the statement is effective, unless the judge waives
the requirement for a prehearing conference or as provided in subsection (b)
of this section.
(2)
A referring agency that prefers to make arrangements to
videotape all docketed proceedings on a regular basis may file a statement
of intent to do so, as specified in paragraph (1) of this subsection. If a
docketed proceeding is set to last longer than a day, a referring agency nevertheless
is subject to subsection (b) of this section.
(b)
Unless otherwise ordered by the judge, the referring agency
shall provide a court reporter for any proceeding in a docket set to last
longer than one day. The court reporter shall prepare a stenographic record
of the proceeding but shall not prepare a transcript unless a party or the
judge so requests.
(c)
The tape recording made by SOAH under subsection (a) of
this section, the videotape made by the referring agency under subsection
(a) of this section if a statement is on file, or the stenographic recording
prepared under subsection (b) of this section is the official record of the
proceeding for purposes of all actions within SOAH's jurisdiction. The judge
may order a different means of making a record if circumstances so require
and may designate that record as the official record of the proceeding.
(d)
Any party may use a means of making an unofficial record
of the proceeding that is in addition to the means specified in the rules
or by the judge.
(1)
The party shall file and serve a notice of intent to use
an additional means at least two days before the proceeding.
(2)
The party shall make all arrangements associated with the
additional means.
(3)
The judge may order that the additional means not be used
or that it cease being used if it may cause or is causing disruption to the
proceeding.
(4)
At the proceeding the judge may order that the additional
means sought to be used shall be the method of preparing the official record
of the proceeding and dispense with any other means required by this section,
unless there is a timely objection at the beginning of the proceeding.
(e)
On the written request to the referring agency by a party
to a contested case or on request of the judge, a written transcript of all
or part of the proceedings shall be prepared by a court reporter from the
means used to make the official record of the proceeding. If the proceeding
has been taped or video recorded, the referring agency shall inform SOAH of
the need to deliver the original recording to a court reporter, selected by
the referring agency, for preparation of the transcript.
(1)
Costs of a transcript ordered by any party ordinarily shall
be paid by that party. If permitted by the referring agency's statute, rules,
or policy, the cost of the transcript may be assessed to one or more parties.
(2)
When only the judge requests a transcript, the referring
agency may bear that cost or assess the cost as provided for in paragraph
(1) of this subsection.
(3)
Paragraphs (1) and (2) of this subsection do not preclude
the parties from agreeing to share the costs associated with the transcript.
(4)
The original of any transcript prepared shall be filed
with SOAH.
(5)
Proposed written corrections of purported errors in a transcript
shall be filed with SOAH and served on the parties and the court reporter
within a reasonable time after discovery of the error. The judge may establish
deadlines for the filing of proposed corrections and responses. The transcript
will be corrected only upon order of the judge.
(6)
A transcript prepared according to these procedures becomes
the official record of the proceedings for purposes of all actions within
SOAH's jurisdiction.
(f)
The judge shall maintain any exhibits admitted during the
proceeding and the official record of the proceeding, other than a stenographic
record. However, the judge may allow the court reporter to retain the exhibits
and the tape or video recording of the proceeding, if applicable, while a
transcript is being prepared. The exhibits and transcript or recording will
be sent to the referring agency after issuance of the order or proposal for
decisions and consideration of any exceptions to the proposal for decision
and replies. The judge may retain the exhibits and transcript or recording
to prepare for presentation of the proposal for decision to the referring
agency, if a presentation is requested by the referring agency, or SOAH may
seek temporary return of the exhibits and transcript or recording to enable
the judge to prepare for that presentation if the materials have already been
sent to the referring agency.
(g)
When an interpreter will be needed for all or part of a
proceeding, a party shall file a written request at least seven days before
the setting. SOAH shall provide and pay for:
(1)
an interpreter for deaf or hearing impaired parties and
subpoenaed witnesses in accordance with §2001.055 of the APA;
(2)
reader services or other communication services for blind
and sight impaired parties and witnesses; and
(3)
a certified language interpreter for parties and witnesses
who need that service.
(h)
If existing technology allows, and upon consent of the
parties, a judge may permit broadcasting or televising of proceedings, provided
the judge determines that doing so: serves the public interest in accessibility
to the proceedings; will not unduly interfere with the efficiency of the proceedings;
will not distract, intimidate, or otherwise adversely affect the participants;
and will not impair the dignity of the proceedings.
§155.45.Participation by Telephone or Videoconferencing.
(a)
A party may request to appear by telephone or to present
the testimony of a witness by telephone, upon timely motion stating the reason(s)
for the request, containing the pertinent telephone number(s), and affirmatively
stating that the proposed witness will be the same person who appears telephonically
at the hearing. A timely motion for telephone appearance that is unopposed
will be deemed granted without the necessity of an order, unless denied by
order of the judge.
(b)
A party may request to appear by videoconferencing or to
present the testimony of a witness by videoconferencing, upon timely motion
stating the reason(s) for the request and the city of residence of the party
or witness. In deciding whether or not to grant the request, the judge shall
consider all relevant matters, including the availability of videoconferencing
facilities at the time of the hearing.
(c)
The judge may conduct a prehearing conference by telephone
or videoconferencing upon adequate notice to the parties, even in the absence
of a party motion.
(d)
All substantive and procedural rights apply to telephone
and videoconferencing prehearings and hearings, subject only to the limitations
of the physical arrangement.
(e)
Documentary evidence to be offered at a telephone or videoconferencing
prehearing conference or hearing shall be served on all parties and filed
with SOAH at least three days before the prehearing or hearing unless the
judge, by written order, amends the filing deadline.
(f)
For a telephone or videoconferencing hearing or prehearing
conference, the following may be considered a failure to appear and grounds
for default if the conditions exist for more than ten minutes after the scheduled
time for hearing or prehearing conference:
(1)
failure to answer the telephone or videoconference line;
(2)
failure to free the line for the proceeding; or
(3)
failure to be ready to proceed with the hearing or prehearing
conference as scheduled.
§155.59.Proposal for Decision.
(a)
For contested cases in which the judge does not have authority
to issue a final order, the judge shall prepare a proposal for decision.
(b)
The judge shall submit the proposal for decision to the
final decision maker and furnish a copy to each party.
(c)
The parties may submit to SOAH and the referring agency
exceptions to the proposal for decision, and replies to exceptions to the
proposal for decision.
(1)
Exceptions shall be filed within 15 days after the date
of service of the proposal for decision. A reply to the exceptions shall be
filed within 15 days of the filing of the exceptions.
(2)
The judge may, on the judge's own motion and for good cause,
extend or shorten the time in which to file exceptions or replies.
(3)
The parties shall direct any motions for extension of time
in which to file exceptions or replies to the judge. Parties' motions for
extensions of time shall be filed no later than five days before the applicable
deadline for submission of exceptions or replies and shall demonstrate either:
(A)
good cause for the requested extension; or
(B)
agreement of all other parties to the extension.
(4)
The judge shall review all exceptions and replies and notify
the referring agency within 15 days of the deadline for filing a reply to
the exceptions whether the judge recommends any changes to the proposal for
decision.
(d)
The judge may amend the proposal for decision in response
to exceptions and replies to exceptions, and may also correct any clerical
errors in the proposal for decision, without the proposal for decision again
being served on the parties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 12, 2004.
TRD-200400968
Cathleen Parsley
General Counsel
State Office of Administrative Hearings
Effective date: March 3, 2004
Proposal publication date: October 17, 2003
For further information, please call: (512) 475-4931