Sec. 410.203. POWERS AND DUTIES OF APPEALS PANEL; PRIORITY OF HEARING ON REMAND    


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  • (a) The appeals panel shall consider:

    (1) the record developed at the contested case hearing; and

    (2) the written request for appeal and response filed with the appeals panel.

    (b) The appeals panel may:

    (1) reverse the decision of the hearings officer and render a new decision;

    (2) reverse the decision of the hearings officer and remand the case to the hearing officer for further consideration and development of evidence; or

    (3) affirm the decision of the hearings officer in a case described by Section 410.204(a-1).

    (c) The appeals panel may not remand a case under Subsection (b)(2) more than once.

    (d) A hearing on remand shall be accelerated and the commissioner shall adopt rules to give priority to the hearing over other proceedings.

    (e) The appeals panel shall issue and maintain a precedent manual. The precedent manual shall be composed of precedent-establishing decisions and may include other information as identified by the appeals panel.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by: Acts 2005, 79th Leg., Ch. 265 , Sec. 3.192, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1162 , Sec. 16, eff. September 1, 2011.