Section 224.204 - Board Conduct and Discussion When Reviewing a Contested Case or Interlocutory Order(a) The board shall conduct its contested case review in compliance with Government Code, Chapter 2001; Occupations Code, Chapters 2301 and 2302; and Transportation Code Chapters 502, 503, 621, 623, 643, 645, or 1001-1005, as applicable, including the limitations on changing a finding of fact or conclusion of law made by a SOAH ALJ, and the prohibition on considering evidence outside of the SOAH administrative record.(b) A board member may question a party or the department on any matter that is relevant to the proposal for decision; however, a question shall be consistent with the scope of the board's authority to take action under Government Code, § 2001.058(e); Occupations Code, Chapters 2301 and 2302; and Transportation Code, Chapters 502, 503, 621-623, 643, 645, or 1001-1005, as applicable; a question must be limited to evidence contained in the SOAH administrative record; and the communication must comply with §224.5 of this title (relating to Prohibited Communication). In considering a contested case, a board member is authorized to ask a question regarding a request to remand the case to SOAH, including a remand to SOAH for further consideration of the evidence.(c) A board member may use personal expertise in the industry to understand a contested case and make effective decisions, consistent with the scope of the board's authority to act under Government Code, § 2001.058(e); Occupations Code, Chapters 2301 and 2302; and Transportation Code Chapters 502, 503, 621-623, 643, 645, or 1001-1005, as applicable. However, a board member is not an advocate for a particular industry. A board member is an impartial public servant who takes an oath to preserve, protect, and defend the Constitution and laws of the United States and Texas.43 Tex. Admin. Code § 224.204
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2786, eff. 6/1/2024