Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 62 - SEXUAL ASSAULT PREVENTION AND CRISIS SERVICES › Subchapter A - SEXUAL ASSAULT NURSE EXAMINER CERTIFICATION AND SEXUAL ASSAULT NURSE EXAMINER TRAINING PROGRAM CERTIFICATION › Section 62.13 - Administrative Remedies

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrative
				  appeals will be conducted in accordance with the Administrative Procedure Act
				  (APA), Texas Government Code Chapter 2001.
(b) An applicant who disagrees with an OAG
				  decision to deny, decertify, suspend or probate a certification under this
				  subchapter may request, in writing, an opportunity to show compliance within 30
				  days of the decision. Upon receipt of a request for an opportunity to show
				  compliance, the OAG will review the prior decision and any additional
				  information submitted by the requestor. A decision on a request for an
				  opportunity to show compliance will be issued by the OAG in writing, stating
				  the legal authority for the decision, the particular sections of the statutes
				  and rules involved, and a short, plain statement of the matters asserted. If an
				  opportunity to show compliance does not result in the reversal of a prior OAG
				  decision to deny, decertify, suspend or probate a certification under this
				  subchapter, the applicant may request a contested case hearing, as defined
				  under the APA. The procedure for contested cases will be governed by the APA
				  and this subchapter.
(c) Upon
				  request of the parties or on the hearing officer's own motion, the hearing
				  officer may conduct a pre-hearing conference. The hearing officer may notify
				  the parties, in writing, of the disposition and rulings made on all matters
				  considered at the pre-hearing conference.
(d) If, prior to a final decision by the OAG,
				  the hearing officer is unable to continue to serve, the OAG may appoint another
				  examiner to perform any remaining functions without the necessity of repeating
				  previous proceedings.
(e) All
				  hearings shall be open to the public, except as otherwise required by law, and
				  shall be held telephonically, unless good cause and the public interest merit
				  another place of hearing, as designated by the OAG.
(f) Hearings may be conducted by OAG
				  employees designated as hearings officers. Subject to any limitations imposed
				  by law or rule, the hearing officer shall have broad discretion in regulating
				  the course and conduct of the hearing. The hearing officer shall have, but
				  shall not be limited to, the following authority:
(1) to administer oaths and affirmations,
				  issue subpoenas, authorize the taking of depositions and issue discovery orders
				  as authorized by law, call and examine witnesses, receive and rule on the
				  admissibility of evidence and amendments to pleadings, limit the number of
				  witnesses whose testimony would be merely cumulative, set reasonable times
				  within which a party may testify, cross-examine witnesses, or present evidence,
				  and recess any hearing;
(2) to
				  issue a final decision, including proposed findings of fact and conclusions of
				  law, amend the final decision, or both, based upon post-hearing motions filed
				  by the parties; and
(3) to take any
				  other permissive action which is necessary for a fair, just, and proper
				  hearing.