Section 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.Tex. Occ. Code § 2301.709
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 594,Sec. 2.06, eff. 9/1/2019.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1135,Sec. 26, eff. 9/1/2013.Amended By Acts 2007, 80th Leg., R.S., Ch. 1403, Sec. 3, eff. 9/1/2007.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. 6/1/2003.