Section 17.39 - Commissioner's Orders(a) Based on the findings of fact and the recommendations of the hearing examiner, the commissioner, by order, may find that a violation has occurred and assess a penalty and costs and/or order the removal and disposal of an unauthorized structure or facility, or may find that no violation occurred.(b) If the commissioner finds that a violation has occurred and assesses a penalty or orders the removal and disposal of an unauthorized structure or facility, the commissioner shall give the owner or operator charged, lienholders, and any party to the administrative hearing written notice of:(1) the commissioner's findings;(2) the amount of the penalty and costs and/or the terms of the order for removal and disposal of the structure or facility; and(3) the right of the owner or operator, lienholder, and any party to the administrative hearing to judicial review of the commissioner's order.(c) Not later than the 20th day after the date on which the notice is served in accordance with subsection (b) of this section, the owner or operator charged may consent in writing to the report, including the commissioner's recommendations, or the owner or operator charged or any party to the administrative hearing may file a motion for rehearing in accordance with Texas Government Code, § 2001.141, et seq.(d) All final orders shall be in writing and shall be signed and dated by the commissioner. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling on each proposed finding. Parties shall be notified either personally or by first class mail of any decision or order. When an agency issues a final decision or order ruling on a motion for rehearing, the agency shall send a copy of that final decision or order by first class mail to the attorneys of record and shall keep an appropriate record of that mailing. If a party is not represented by an attorney of record, then the agency shall send a copy of a final decision or order ruling on a motion for rehearing by first class mail to that party, and the agency shall keep an appropriate record of that mailing. A party or attorney of record notified by mail of a final decision or order, as required by this section, shall be presumed to have been notified on the date such notice is mailed.(e) The final decision or order of the commissioner must be rendered within 60 days from the last date for filing of exceptions and replies to exceptions to the examiner's proposal for decision, unless the hearing examiner, at the conclusion of the hearing, specifies a longer period of time within which the order may be issued.(f) The parties may by agreement, with the approval of the agency, provide for a modification of the times provided in this section.31 Tex. Admin. Code § 17.39
The provisions of this §17.39 adopted to be effective April 22, 1992, 17 TexReg 2472; amended to be effective August 4, 2005, 30 TexReg 4334