Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.30 - Contested Case Hearing at SOAH

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				a respondent declines to sign a proposed agreed order or cease and desist
				order, or if the respondent fails to respond timely to a proposed agreed order
				or cease and desist order, or if the Board rejects a proposed agreed order, the
				board staff may proceed with the filing of a contested case with the State
				Office of Administrative Hearings (SOAH). At least ten (10) days prior to a
				scheduled hearing, the notice of hearing shall be served on the licensee or
				applicant for licensure as set out in subsection (g)(1) of this section. Except
				in cases of temporary suspension, a notice of hearing shall be filed only after
				notice of the facts or conduct alleged to warrant the intended action has been
				sent to the respondent address of record and the respondent has an opportunity
				to show compliance with the law for the retention of a license as provided in
				§2001.054 of the APA, and §801.408 of the Veterinary Licensing
				Act.
(b) SOAH hearings of contested
				cases shall be conducted in accordance with the Act, the APA, SOAH rules, and
				board rules. In the event of a conflict, the Act shall prevail over any other
				statute or rule, the APA shall prevail over SOAH rules, and SOAH rules shall
				prevail over the rules of the Board, except when board rules provide the
				Board's interpretation of the Act. If SOAH rules are silent on an issue
				addressed by this subchapter, the provisions of this subchapter shall be
				applied.
(c) The administrative law
				judge (ALJ) has the authority under SOAH rules, Chapter 155, to issue orders,
				to regulate the conduct of the proceeding, rule on motions, establish
				deadlines, clarify the scope of the proceeding, schedule and conduct prehearing
				and posthearing conferences for any purpose related to any matter in the case,
				set out additional requirements for participation in the case, and take any
				other steps conducive to a fair and efficient process in the contested case,
				including referral of the case to a mediated settlement conference or other
				appropriate alternative dispute resolution procedure as provided by Chapter
				2003 of the Government Code.
(d)
				All documents are to be filed at SOAH after it acquires jurisdiction. Copies of
				all documents filed at SOAH shall be contemporaneously filed with the
				Board.
(e) Because of the often
				voluminous nature of the records properly received into evidence by the ALJ,
				the party introducing such documentary evidence should paginate each exhibit
				and/or flag pertinent pages in each exhibit in order to expedite the hearing
				and the decision-making process.
(f) In accordance with the provisions of the
				APA, §2001.058(e), a party may file an interlocutory or interim appeal to
				the Board requesting that the Board vacate or modify an order issued by an
				ALJ.
(g) Notice of SOAH hearing;
				continuance and default.
(1) The Board shall
				provide notice of the time, date, and place of the hearing to the respondent.
				The notice shall include the requirements set forth in §2001.052 of the
				APA. The Board shall send notice of a contested case hearing before SOAH to the
				respondent's last known address as evidenced by the records of the Board. The
				respondent is presumed to have received proper and timely notice three (3) days
				after the notice is sent to the last known address as evidenced by the records
				of the Board. Notice shall be given by first class mail, certified or
				registered mail, or by personal service.
(2) If the respondent fails to timely enter
				an appearance or answer the notice of hearing, the Board is entitled to a
				continuance at the time of the hearing. If the respondent fails to appear at
				the time of the hearing, the Board may move either for dismissal of the case
				from the SOAH docket, or request that the ALJ issue a default proposal for
				decision in favor of the Board.
(3)
				Proof that the respondent has evaded proper notice of the hearing may also be
				grounds for the Board to request dismissal of the case or issuance of a default
				proposal for decision in favor of the Board.