reglab/housing_qa huggingface dataset:
TX Govt Code § 2003.0221 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter B. State Office of Administrative Hearings|Section 2003.0221. Removal of Chief Administrative Law Judge

Sec. 2003.0221.  REMOVAL OF CHIEF ADMINISTRATIVE LAW JUDGE.  It is a ground for removal from the position of chief administrative law judge that an appointee:(1)  does not have at the time of taking office the qualifications required by Section 2003.022(b);(2)  does not maintain during service as chief administrative law judge a license to practice law in this state;(3)  is ineligible to hold the position under Section 2003.0225;(4)  cannot, because of illness or disability, discharge the appointee's duties for a substantial part of the appointee's term;  or(5)  engages in the practice of law in violation of Section 2003.022(c).|Added by Acts 2003, 78th Leg., ch. 1215, Sec. 4, eff. Sept. 1, 2003.|
TX Govt Code § 2003.0225 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter B. State Office of Administrative Hearings|Section 2003.0225. Conflict of Interest

Sec. 2003.0225.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(b)  A person may not hold the position of chief administrative law judge and may not be employed by the office in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:(1)  the person is an officer, employee, or paid consultant of a Texas trade association in any field regulated by an agency for which the office is required to conduct administrative hearings;  or(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in any field regulated by an agency for which the office is required to conduct administrative hearings.(c)  A person may not hold the position of chief administrative law judge or act as the general counsel to the chief administrative law judge or the office if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the office, including a profession that is licensed by an agency for which the office is required to conduct administrative hearings.|Added by Acts 2003, 78th Leg., ch. 1215, Sec. 5, eff. Sept. 1, 2003.|
TX Govt Code § 2003.0226 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter B. State Office of Administrative Hearings|Section 2003.0226. Information Regarding Requirements for Employment and Standards of Conduct

Sec. 2003.0226.  INFORMATION REGARDING REQUIREMENTS FOR EMPLOYMENT AND STANDARDS OF CONDUCT.  The chief administrative law judge or the chief administrative law judge's designee shall provide to office employees, as often as necessary, information regarding the requirements for employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees.|Added by Acts 2003, 78th Leg., ch. 1215, Sec. 5, eff. Sept. 1, 2003.|
TX Govt Code § 2003.023 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter B. State Office of Administrative Hearings|Section 2003.023. Sunset Provision

Sec. 2003.023.  SUNSET PROVISION.  The State Office of Administrative Hearings is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter.  The office shall be reviewed during the periods in which state agencies abolished in 2027 and every 12th year after 2027 are reviewed.|Added by Acts 1997, 75th Leg., ch. 210, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1169, Sec. 2.04, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 6, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 2, eff. September 1, 2015.|
TX Govt Code § 2003.025 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter B. State Office of Administrative Hearings|Section 2003.025. Required Information Regarding Anticipated Hourly Usage

Sec. 2003.025.  REQUIRED INFORMATION REGARDING ANTICIPATED HOURLY USAGE.  (a)  This section applies to a state agency that has entered into a contract with the office for the conduct of hearings and alternative dispute resolution procedures for the agency, including a contract under Section 2003.024 or 2003.049, during any of the three most recent state fiscal years.(b)  On a date determined by the office before the beginning of each state fiscal biennium, a state agency to which this section applies shall submit to the office and the Legislative Budget Board information regarding the agency's anticipated hourly usage of the office's services for each fiscal year of that biennium.|Added by Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 4, eff. September 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 117 (S.B. 1794), Sec. 2, eff. September 1, 2019.|
TX Govt Code § 2003.041 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.041. Employment of Administrative Law Judges

Sec. 2003.041.  EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES.  (a)  The chief administrative law judge shall employ administrative law judges to conduct hearings for state agencies subject to this chapter.(b)  To be eligible for employment with the office as an administrative law judge, an individual must be licensed to practice law in this state and meet other requirements prescribed by the chief administrative law judge.(c)  An administrative law judge employed by the office is not responsible to or subject to the supervision, direction, or indirect influence of any person other than the chief administrative law judge or a senior or master administrative law judge designated by the chief administrative law judge.  In particular, an administrative law judge employed by the office is not responsible to or subject to the supervision, direction, or indirect influence of an officer, employee, or agent of another state agency who performs investigative, prosecutorial, or advisory functions for the other agency.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 4, eff. Sept. 1, 1999.|
TX Govt Code § 2003.0411 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.0411. Senior and Master Administrative Law Judges

Sec. 2003.0411.  SENIOR AND MASTER ADMINISTRATIVE LAW JUDGES.  (a)  The chief administrative law judge may appoint senior or master administrative law judges to perform duties assigned by the chief administrative law judge.(b)  To be appointed a senior administrative law judge, a person must have at least six years of general legal experience, must have at least five years of experience presiding over administrative hearings or presiding over hearings as a judge or master of a court, and must meet other requirements as prescribed by the chief administrative law judge.(c)  Except as provided by Section 2003.101, to be appointed a master administrative law judge, a person must have at least 10 years of general legal experience, must have at least six years of experience presiding over administrative hearings or presiding over hearings as a judge or master of a court, and must meet other requirements as prescribed by the chief administrative law judge.|Added by Acts 1999, 76th Leg., ch. 85, Sec. 5, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 354 (S.B. 242), Sec. 2, eff. June 15, 2007.|
TX Govt Code § 2003.0412 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.0412. Ex Parte Consultations

Sec. 2003.0412.  EX PARTE CONSULTATIONS.  (a)  Except as provided by Subsection (b), the provisions of Section 2001.061 apply in relation to a matter before the office without regard to whether the matter is considered a contested case under Chapter 2001.(b)  The provisions of Section 2001.061 do not apply to a matter before the office to the extent that the office is conducting an alternative dispute resolution procedure in relation to the matter.  The chief administrative law judge shall adopt rules that prescribe the types of alternative dispute resolution procedures in which ex parte consultations are prohibited and the types of alternative dispute resolution procedures in which ex parte consultations are allowed.  For alternative dispute resolution procedures in which ex parte consultations are prohibited, the chief administrative law judge in adopting rules under this subsection shall model the prohibition after Section 2001.061 but may vary the extent of the prohibition if necessary to take into account the nature of alternative dispute resolution procedures.|Added by Acts 1999, 76th Leg., ch. 85, Sec. 5, eff. Sept. 1, 1999.|
TX Govt Code § 2003.042 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.042. Powers of Administrative Law Judge

Sec. 2003.042.  POWERS OF ADMINISTRATIVE LAW JUDGE.  (a)  An administrative law judge employed by the office or a temporary administrative law judge may:(1)  administer an oath;(2)  take testimony;(3)  rule on a question of evidence;(4)  issue an order relating to discovery or another hearing or prehearing matter, including an order imposing a sanction;(5)  issue an order that refers a case to an alternative dispute resolution procedure, determines how the costs of the procedure will be apportioned, and appoints an impartial third party as described by Section 2009.053 to facilitate that procedure;(6)  issue a proposal for decision that includes findings of fact and conclusions of law;(7)  if expressly authorized by a state agency rule adopted under Section 2001.058(f), make the final decision in a contested case;(8)  serve as an impartial third party as described by Section 2009.053 for a dispute referred by an administrative law judge, unless one of the parties objects to the appointment;  and(9)  serve as an impartial third party as described by Section 2009.053 for a dispute referred by a government agency under a contract.(b)  An administrative law judge may not serve as an impartial third party for a dispute that the administrative law judge refers to an alternative dispute resolution procedure.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 605, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 934, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1167, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 19.02(10), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1352, Sec. 8, eff. Sept. 1, 1999.|
TX Govt Code § 2003.0421 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.0421. Sanctions

Sec. 2003.0421.  SANCTIONS.  (a)  An administrative law judge employed by the office or a temporary administrative law judge, on the judge's own motion or on motion of a party and after notice and an opportunity for a hearing, may impose appropriate sanctions as provided by Subsection (b) against a party or its representative for:(1)  filing a motion or pleading that is groundless and brought:(A)  in bad faith;(B)  for the purpose of harassment;  or(C)  for any other improper purpose, such as to cause unnecessary delay or needless increase in the cost of the proceeding;(2)  abuse of the discovery process in seeking, making, or resisting discovery;  or(3)  failure to obey an order of the administrative law judge or of the state agency on behalf of which the hearing is being conducted.(b)  A sanction imposed under Subsection (a) may include, as appropriate and justified, issuance of an order:(1)  disallowing further discovery of any kind or of a particular kind by the offending party;(2)  charging all or any part of the expenses of discovery against the offending party or its representatives;(3)  holding that designated facts be considered admitted for purposes of the proceeding;(4)  refusing to allow the offending party to support or oppose a designated claim or defense or prohibiting the party from introducing designated matters in evidence;(5)  disallowing in whole or in part requests for relief by the offending party and excluding evidence in support of those requests;  and(6)  striking pleadings or testimony, or both, in whole or in part.(c)  This section applies to any contested case hearing conducted by the office, except hearings conducted on behalf of the Texas Commission on Environmental Quality or the Public Utility Commission of Texas which are governed by Sections 2003.047 and 2003.049.|Added by Acts 1997, 75th Leg., ch. 605, Sec. 2, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 5, eff. September 1, 2015.|
TX Govt Code § 2003.043 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.043. Temporary Administrative Law Judge

Sec. 2003.043.  TEMPORARY ADMINISTRATIVE LAW JUDGE.  (a)  The chief administrative law judge may contract with a qualified individual to serve as a temporary administrative law judge if an administrative law judge employed by the office is not available to hear a case within a reasonable time.(b)  The chief administrative law judge shall adopt rules relating to the qualifications of a temporary judge.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2003.044 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.044. Staff

Sec. 2003.044.  STAFF.  The chief administrative law judge may hire staff as required to perform the powers and duties of the office.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.|
TX Govt Code § 2003.045 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.045. Oversight of Administrative Law Judges

Sec. 2003.045.  OVERSIGHT OF ADMINISTRATIVE LAW JUDGES.  The chief administrative law judge may designate senior or master administrative law judges to oversee the training, evaluation, discipline, and promotion of administrative law judges employed by the office.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 6, eff. Sept. 1, 1999.|
TX Govt Code § 2003.0451 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.0451. Training

Sec. 2003.0451.  TRAINING.  (a)  The office shall provide at least 30 hours of continuing legal education and judicial training to each new administrative law judge employed by the office who has less than three years of presiding experience.  The office shall provide the training required by this subsection during the administrative law judge's first year of employment with the office.  The office may provide the training through office personnel or through external sources, including state and local bar associations, the Texas Center for the Judiciary, and the National Judicial College.  The training may include the following areas:(1)  conducting fair and impartial hearings;(2)  ethics;(3)  evidence;(4)  civil trial litigation;(5)  administrative law;(6)  managing complex litigation;(7)  conducting high-volume proceedings;(8)  judicial writing;(9)  effective case-flow management;(10)  alternative dispute resolution methods;  and(11)  other areas that the office considers to be relevant to the work of an administrative law judge.(b)  The office shall provide continuing legal education and advanced judicial training for other administrative law judges employed by the office to the extent that money is available for this purpose.(c)  Subsection (a) does not apply to a temporary administrative law judge.|Added by Acts 1997, 75th Leg., ch. 371, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 7, eff. Sept. 1, 1999.|
TX Govt Code § 2003.046 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.046. Central Hearings Panel

Sec. 2003.046.  CENTRAL HEARINGS PANEL.  (a)  A central hearings panel in the office is composed of administrative law judges and senior or master administrative law judges assigned to the panel by the chief administrative law judge.(b)  The chief administrative law judge may create teams or divisions within the central panel, including an administrative license revocation division, according to the subject matter or types of hearings conducted by the central panel.|Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 85, Sec. 8, eff. Sept. 1, 1999.|
TX Govt Code § 2003.050 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.050. Procedural Rules

Sec. 2003.050.  PROCEDURAL RULES.  (a)  The chief administrative law judge shall adopt rules that govern the procedures, including the discovery procedures, that relate to a hearing conducted by the office.(b)  Notwithstanding other law, the procedural rules of the state agency on behalf of which the hearing is conducted govern procedural matters that relate to the hearing only to the extent that the chief administrative law judge's rules adopt the agency's procedural rules by reference.(c)  The rules of the office regarding the participation of a witness by telephone must include procedures to verify the identity of the witness who is to appear by telephone.|Added by Acts 1997, 75th Leg., ch. 605, Sec. 3, eff. Jan. 1, 1998.  Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 8, eff. Sept. 1, 2003.|
TX Govt Code § 2003.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.051. Role of Referring Agency

Sec. 2003.051.  ROLE OF REFERRING AGENCY.  (a) Except in connection with interim appeals of orders or questions certified to an agency by an administrative law judge, as permitted by law, a state agency that has referred a matter to the office in which the office will conduct a hearing may not take any adjudicative action relating to the matter until the office has issued its proposal for decision or otherwise concluded its involvement in the matter.  The state agency may exercise its advocacy rights in the matter before the office in the same manner as any other party.(b)  If the office issues a proposal for decision in a matter referred to the office by a state agency, the referring agency shall send to the office an electronic copy of the agency's final decision or order in the matter.|Added by Acts 1999, 76th Leg., ch. 85, Sec. 11, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 11, eff. September 1, 2015.|
TX Govt Code § 2003.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.052. Handling of Complaints

Sec. 2003.052.  HANDLING OF COMPLAINTS.  (a)  The office shall maintain a file on each written complaint filed with the office.  The file must include:(1)  the name of the person who filed the complaint;(2)  the date the complaint is received by the office;(3)  the subject matter of the complaint;(4)  the name of each person contacted in relation to the complaint;(5)  a summary of the results of the review or investigation of the complaint;  and(6)  an explanation of the reason the file was closed, if the office closed the file without taking action other than to investigate the complaint.(b)  The office shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the office's policies and procedures relating to complaint investigation and resolution.(c)  The office, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.|Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1, 2003.|
TX Govt Code § 2003.053 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle A - Administrative Procedure and Practice|Chapter 2003 - State Office of Administrative Hearings|Subchapter C. Staff and Administration|Section 2003.053. Equal Employment Opportunity Policy

Sec. 2003.053.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The chief administrative law judge or the chief administrative law judge's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.(b)  The policy statement must include:(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the office to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and(2)  an analysis of the extent to which the composition of the office's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.(c)  The policy statement must:(1)  be updated annually;(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and(3)  be filed with the governor's office.|Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1, 2003.|