Texas Occupations Code 2301.709 – Review by Board
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(a) In reviewing a case under this subchapter, the board or a person delegated power from the board under § 2301.154 may consider only materials that are submitted timely.
(b) The board or a person delegated power from the board under § 2301.154 may hear such oral argument from any party as the board may allow.
Terms Used In Texas Occupations Code 2301.709
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Quorum: The number of legislators that must be present to do business.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The board or a person delegated power from the board under § 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 § 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 § 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.