(a) The administrative law judge shall proceed with an expedited review under this division during any ratings appeal under the Texas Education Code (TEC), §39.151, and shall presume for purposes of such review that the rating will not change by reason of the appeal, unless the commissioner of education:
  (1) withdraws the rating; or
  (2) requests that review of the final decision be abated pending the outcome of the ratings appeal.
(b) If a rating is adjusted by the commissioner following an appeal under TEC, §39.151, the administrative law judge shall order that the adjusted rating be substituted for the original rating. The Texas Education Agency may change its findings and/or decision by reason of the additional evidence and shall file the additional evidence and any changes, new findings, or decisions with the administrative law judge.

Source Note: The provisions of this §157.1169 adopted to be effective January 6, 2008, 33 TexReg 172; amended to be effective December 22, 2010, 35 TexReg 11238; amended to be effective September 18, 2014, 39 TexReg 7334