Texas Insurance Code
§ 40.059 — CONSIDERATION OF PROPOSAL FOR DECISION
IN § 40.059Title 2. TEXAS DEPARTMENT OF INSURANCE · Part A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE · Ch. 40. DUTIES OF STATE OFFICE OF ADMINISTRATIVE HEARINGS AND COMMISSIONER IN CERTAIN PROCEEDINGS; RATE SETTING PROCEEDINGS · Art. B. PROCEEDINGS RELATING TO PROMULGATION OF RATES
Statute text
View on source(a)The commissioner shall provide to each party an opportunity to file exceptions to the proposal for decision and briefs related to the issues addressed in the proposal.
(b)After the opportunity to file exceptions and briefs under Subsection (a), the commissioner shall, in open meeting, consider:
(1)the proposal for decision; and
(2)the exceptions, briefs, and arguments of the parties.
(c)The commissioner may amend the proposal for decision, including any finding of fact. The commissioner shall accompany any amendment with an explanation of the basis of the amendment. The commissioner shall base any amendment and the order adopting the rate solely on the record made before the administrative law judge.
(d)The commissioner may refer the matter back to the administrative law judge to:
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Legislative history
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.