In either a contested or an uncontested case, if the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the hearing examiner, served on all parties, and each party has been afforded the opportunity to file exceptions and present briefs to the commissioner. If any party files exceptions or presents briefs, an opportunity must be afforded to all other parties to file replies to the exceptions or briefs. A proposal for decision must contain a statement of the issues in dispute, the reasons for the proposed decision, and findings of fact and conclusions of law necessary to support the proposed decision. Such examiner's proposal for decision shall be prepared by the hearing examiner and served on all parties of record within 30 days after conclusion of the evidence in the case, unless the hearing examiner, at that time, specifies a longer period of time within which the proposal for decision may be issued.

Source Note: The provisions of this §17.37 adopted to be effective April 22, 1992, 17 TexReg 2472.