reglab/housing_qa huggingface dataset:
TX Educ Code § 21.254 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.254. Assignment of Hearing Examiner

Sec. 21.254.  ASSIGNMENT OF HEARING EXAMINER.  (a)  The commissioner shall maintain a list of the names of all persons who have been certified as hearing examiners.  The list shall be initially prepared in a random order, and subsequent additions to the list shall be added chronologically.(b)  The commissioner shall assign the hearing examiner for a particular case by selecting the next person named on the list who resides within reasonable proximity to the district as determined by the commissioner.  The commissioner may not change the order of names once the order is established under this section, except that once each hearing examiner on the list has been assigned to a case, the names shall be randomly reordered.(c)  If a hearing examiner is not selected by the parties to a pending case under Subsection (e), the commissioner shall assign a hearing examiner to the case not earlier than the sixth business day and not later than the 10th business day after the date on which the commissioner receives the request for a hearing.  When a hearing examiner has been assigned to a case, the commissioner shall immediately notify the parties.(d)  The parties may agree to reject a hearing examiner for any reason and either party is entitled to reject the assigned hearing examiner for cause.  A rejection must be in writing and filed with the commissioner not later than the third day after the date of notification of the hearing examiner's assignment.  If the parties agree to reject the hearing examiner or if the commissioner determines that one party has good cause to reject the hearing examiner, the commissioner shall assign another hearing examiner as provided by Subsection (b).  If neither party makes a timely rejection, the assignment is final.(e)  After the teacher receives the notice of the proposed action, the parties by agreement may select a hearing examiner from the list maintained by the commissioner under Subsection (a) or a person who is not certified to serve as a hearing examiner.  A person who is not a certified hearing examiner may be selected only if the person is licensed to practice law in this state.  If the parties agree on a hearing examiner, the parties shall, before the date the commissioner is permitted to assign a hearing examiner, notify the commissioner in writing of the agreement, including the name of the hearing examiner selected.(f)  After the teacher receives the notice of the proposed action, the teacher and the district may agree in writing that the decision of the hearing examiner will be final and nonappealable on all or some issues.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 13, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 2, eff. June 20, 2003.|
TX Educ Code § 21.255 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.255. Hearings Before Hearing Examiner

Sec. 21.255.  HEARINGS BEFORE HEARING EXAMINER.  (a)  The hearing examiner may issue subpoenas at the request of either party for the attendance of witnesses and the production of documents at the hearing and may administer oaths, rule on motions and the admissibility of evidence, maintain decorum by closing the hearing or taking other appropriate action, schedule and recess the proceedings, and make any other orders as provided by rules adopted by the commissioner.  The hearing examiner may issue a subpoena for the attendance of a person who is not an employee of the district only if the party requesting the issuance of the subpoena shows good cause for the subpoena.  The hearing must be held within the geographical boundaries of the school district or at the regional education service center that serves the district.(b)  A hearing examiner may allow either party to take one or more depositions or to use other means of discovery before the hearing.  The hearing examiner, at the request of either party, may issue subpoenas for the attendance of witnesses and the production of documents at the deposition.  The hearing examiner may issue a subpoena for the deposition of any person who is not an employee of the district only if the party requesting the issuance of the subpoena shows good cause for the subpoena.  The deposition must be held within the geographical boundaries of the school district or at the regional education service center that serves the district.(c)  A procedure specified in this section may be changed or eliminated by written agreement of the teacher and the school district after the teacher receives the written notice of the proposed action.(d)  If the hearing examiner is unable to continue presiding over a case at any time before issuing a recommendation or decision, the parties shall request the assignment of another hearing examiner under Section 21.254 who, after a review of the record, shall perform any remaining functions without the necessity of repeating any previous proceedings.(e)  The school district shall bear the cost of the services of the hearing examiner and certified shorthand reporter at the hearing and the production of any original hearing transcript.  Each party shall bear its respective costs, including the cost of discovery, if any, and attorney's fees.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.256 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.256. Conduct of Hearing

Sec. 21.256.  CONDUCT OF HEARING.  (a)  A hearing under this subchapter must be private unless the teacher requests in writing that the hearing be public, except that a hearing examiner may close a hearing if necessary to maintain decorum.(b)  The hearing is not subject to Chapter 2001, Government Code.(c)  At the hearing, a teacher has the right to:(1)  be represented by a representative of the teacher's choice;(2)  hear the evidence on which the charges are based;(3)  cross-examine each adverse witness;  and(4)  present evidence.(d)  The Texas Rules of Evidence apply at the hearing.  A certified shorthand reporter shall record the hearing.(e)  The hearing shall be conducted in the same manner as a trial without a jury in a district court of this state.  The hearing examiner's findings of fact and conclusions of law shall be presumed to be based only on admissible evidence.(f)  To protect the privacy of a witness who is a child, the hearing examiner may:(1)  close the hearing to receive the testimony of the witness;  or(2)  order that the testimony or a statement of the witness be presented using the procedures prescribed by Article 38.071, Code of Criminal Procedure.(g)  An evaluation or appraisal of the teacher is presumed to be admissible at the hearing.(h)  At the hearing, the school district has the burden of proof by a preponderance of the evidence.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.003, eff. September 1, 2005.|
TX Educ Code § 21.257 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.257. Recommendation of Hearing Examiner

Sec. 21.257.  RECOMMENDATION OF HEARING EXAMINER.  (a)  Not later than the 60th day after the date on which the commissioner receives a teacher's written request for a hearing, the hearing examiner shall complete the hearing and make a written recommendation that:(1)  includes proposed findings of fact and conclusions of law;  and(2)  may include a proposal for granting relief.(a-1)  A determination by the hearing examiner regarding good cause for the suspension of a teacher without pay or the termination of a probationary, continuing, or term contract is a conclusion of law and may be adopted, rejected, or changed by the board of trustees or board subcommittee as provided by Section 21.259(b).(b)  The proposed relief under Subsection (a)(2) may include reinstatement, back pay, or employment benefits but may not include attorney's fees or other costs associated with the hearing or appeals from the hearing.(c)  The parties may agree in writing to extend by not more than 45 days the right to a recommendation by the date prescribed by Subsection (a).  A hearing under this section may not be held on a Saturday, Sunday, or a state or federal holiday, unless all parties agree.(d)  The hearing examiner shall send a copy of the recommendation to each party, the president of the board of trustees, and the commissioner.(e)  A hearing examiner who fails to timely issue a written recommendation or decision may not be assigned by the commissioner to conduct additional hearings for a period not to exceed one year.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 14, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 3, eff. June 20, 2003.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 13, eff. September 28, 2011.|
TX Educ Code § 21.258 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.258. Consideration of Recommendation by Board of Trustees or Board Subcommittee

Sec. 21.258.  CONSIDERATION OF RECOMMENDATION BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.  (a)  The board of trustees or a subcommittee designated by the board shall consider the recommendation and record of the hearing examiner at the first board meeting for which notice can be posted in compliance with Chapter 551, Government Code, following the issuance of the recommendation.  The meeting must be held not later than the 20th day after the date that the president of the board receives the hearing examiner's recommendation and the record of the hearing.(b)  At the meeting, the board of trustees or board subcommittee shall consider the hearing examiner's recommendation and shall allow each party to present an oral argument to the board or subcommittee.  The board by written policy may limit the amount of time for oral argument.  The policy must provide equal time for each party.(c)  The board of trustees or board subcommittee may obtain advice concerning legal matters from an attorney who has not been involved in the proceedings.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.259 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.259. Decision of Board of Trustees or Board Subcommittee

Sec. 21.259.  DECISION OF BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.  (a)  Not later than the 10th day after the date of the board meeting under Section 21.258, the board of trustees or board subcommittee shall announce a decision that:(1)  includes findings of fact and conclusions of law;  and(2)  may include a grant of relief.(b)  The board of trustees or board subcommittee may adopt, reject, or change the hearing examiner's:(1)  conclusions of law, including a determination regarding good cause for suspension without pay or termination; or(2)  proposal for granting relief.(c)  The board of trustees or board subcommittee may reject or change a finding of fact made by the hearing examiner only after reviewing the record of the proceedings before the hearing examiner and only if the finding of fact is not supported by substantial evidence.(d)  The board of trustees or board subcommittee shall state in writing the reason and legal basis for a change or rejection made under this section.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 14, eff. September 28, 2011.|
TX Educ Code § 21.260 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter F. Hearings Before Hearing Examiners|Section 21.260. Recording of Board Meeting and Announcement

Sec. 21.260.  RECORDING OF BOARD MEETING AND ANNOUNCEMENT.  A certified shorthand reporter shall record the oral argument under Section 21.258 and the announcement of the decision under Section 21.259.  The school district shall bear the cost of the services of the certified shorthand reporter.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.301 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.301. Appeal to Commissioner

Sec. 21.301.  APPEAL TO COMMISSIONER.  (a)  Not later than the 20th day after the date the board of trustees or board subcommittee announces its decision under Section 21.259 or the board advises the teacher of its decision not to renew the teacher's contract under Section 21.208, the teacher may appeal the decision by filing a petition for review with the commissioner.(b)  The school district must file a response not later than the 20th day after the date the petition for review is filed.  The record of the local hearing must be filed with the district's response or be filed alone within the period for a response if the district does not file a response.  A school district's filing of the record with the commissioner under this subsection is not an offense under Section 551.146, Government Code.(c)  The commissioner shall review the record of the hearing before the hearing examiner and the oral argument before the board of trustees or board subcommittee.  Except as provided in Section 21.302, the commissioner shall consider the appeal solely on the basis of the local record and may not consider any additional evidence or issue.  The commissioner, on the motion of a party or on the commissioner's motion, may hear oral argument.  The commissioner shall accept written argument.(d)  In conducting a hearing under this section, the commissioner has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F.(e)  The commissioner may adopt rules governing the conduct of an appeal to the commissioner.  An appeal to the commissioner under this section is not subject to Chapter 2001, Government Code.(f)  The commissioner may obtain advice concerning legal matters from the chief legal officer of the agency if the chief legal officer has not been involved in the proceedings.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 895, Sec. 2, eff. June 14, 2001.|
TX Educ Code § 21.302 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.302. Evidentiary Hearing Before Commissioner

Sec. 21.302.  EVIDENTIARY HEARING BEFORE COMMISSIONER.  (a)  If a party alleges that procedural irregularities that are not reflected in the local record occurred at the hearing before the hearing examiner, the commissioner may hold a hearing for the presentation of evidence on that issue.  The party alleging that procedural irregularities occurred shall identify the specific alleged defect and its claimed effect on the board's or board subcommittee's decision.  The commissioner may make appropriate orders consistent with rules adopted by the commissioner.  The commissioner's determination on any alleged procedural irregularities is final and may not be appealed.(b)  A hearing under this section shall be recorded by a certified shorthand reporter.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.303 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.303. Determination by Commissioner

Sec. 21.303.  DETERMINATION BY COMMISSIONER.  (a)  If the board of trustees decided not to renew a teacher's term contract, the commissioner may not substitute the commissioner's judgment for that of the board of trustees unless the decision was arbitrary, capricious, or unlawful or is not supported by substantial evidence.(b)  If the board of trustees terminated a teacher's probationary, continuing, or term contract during the contract term or suspended a teacher without pay, the commissioner may not substitute the commissioner's judgment for that of the board unless:(1)  if the board accepted the hearing examiner's findings of fact without modification, the decision is arbitrary, capricious, or unlawful or is not supported by substantial evidence;  or(2)  if the board modified the hearing examiner's findings of fact, the decision is arbitrary, capricious, or unlawful or the hearing examiner's original findings of fact are not supported by substantial evidence.(c)  The commissioner may not reverse a decision of a board of trustees based on a procedural irregularity or error by a hearing examiner, the board of trustees, or a board subcommittee unless the commissioner determines that the irregularity or error was likely to have led to an erroneous decision by the board or board subcommittee.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.304 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.304. Decision of Commissioner

Sec. 21.304.  DECISION OF COMMISSIONER.  (a)  The commissioner's decision must be in writing and must include findings of fact and conclusions of law.  The commissioner may adopt by reference and incorporate findings of fact or conclusions of law from the local record.(b)  The commissioner must issue a decision not later than the 30th day after the last day on which a response to the petition for review may be filed under Section 21.301(b).  If the commissioner fails to issue a decision within that time, the decision of the board is affirmed.(c)  The commissioner shall send a copy of the decision to each party or the party's representative by certified mail.  The commissioner shall keep a record of the mailing.  A party is presumed to be notified of the decision on the date the decision is received, as indicated by the certified mail return receipt.(d)  The commissioner shall maintain and index decisions of the commissioner issued under this section with the recommendations or decisions of the hearing examiner.(e)  If the commissioner reverses the action of the board of trustees, the commissioner shall order the school district to reinstate the teacher and to pay the teacher any back pay and employment benefits from the time of discharge or suspension to reinstatement.(f)  Instead of reinstating a teacher under Subsection (e), the school district may pay the teacher one year's salary to which the teacher would have been entitled from the date on which the teacher would have been reinstated.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.3041 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.3041. Rehearing by Commissioner

Sec. 21.3041.  REHEARING BY COMMISSIONER.  (a)  Not later than the 20th day after the date the party or the party's representative receives notice of the commissioner's decision under Section 21.304, the party may file a request for rehearing.(b)  A request for rehearing is not required for a party to appeal the commissioner's decision under Section 21.307.(c)  A request for rehearing is denied by operation of law if the commissioner does not issue an order before the 45th day after the date the party or the party's representative receives notice of the commissioner's decision.|Added by Acts 2003, 78th Leg., ch. 201, Sec. 15, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 4, eff. June 20, 2003.|
TX Educ Code § 21.305 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.305. Costs on Appeal to Commissioner

Sec. 21.305.  COSTS ON APPEAL TO COMMISSIONER.  (a)  If a teacher appeals the decision of the board of trustees or board subcommittee, the school district shall bear the cost of preparing the original transcripts of:(1)  the hearing before the hearing examiner;  and(2)  the oral argument before the board of trustees or board subcommittee.(b)  Each party shall bear the cost of any copy of the transcript requested by that party.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|
TX Educ Code § 21.306 (2021)
2021 Texas Statutes|Education Code|Title 2 - Public Education|Subtitle D - Educators and School District Employees and Volunteers|Chapter 21 - Educators|Subchapter G. Appeals to Commissioner of Education|Section 21.306. Ex Parte Communications Prohibited

Sec. 21.306.  EX PARTE COMMUNICATIONS PROHIBITED.  The commissioner and the staff of the agency may not communicate with any party or any party's representative in connection with any issue of fact or law except on notice and opportunity for each party to participate.|Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.|