§249.36: Proposal for Decision

(a) As appropriate, the presiding administrative law judge (ALJ) shall prepare a proposal for decision containing the following items:

(1) separately stated findings of fact and conclusions of law; and

(2) a proposed order, if requested in the Texas Education Agency (TEA) staff's notice of hearing.

(b) In an appeal of the imposition of an administrative sanction, the TEA staff may prepare a proposal for decision containing separately stated findings of fact, conclusions of law, and a proposed order if the respondent has failed to file a timely answer to the TEA staff's petition as required by §249.27 of this title (relating to Answer).

(c) The ALJ may amend the proposal for decision pursuant to exceptions, replies to exceptions, and briefs.

(d) The ALJ shall submit the proposal for decision to the SBEC, with a copy to each party.

(e) Except as otherwise provided or prohibited by these rules and other applicable law, the SBEC's general counsel may issue procedural directives relating to matters that arise after the submission of the proposal for decision to the SBEC and that are not delegated to the State Office of Administrative Hearings for action or decision.


Source Note: The provisions of this §249.36 adopted to be effective March 31, 1999, 24 TexReg 2304; amended to be effective December 16, 2007, 32 TexReg 9112