reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1223 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Pleadings include notices of hearing,
				  motions, and exceptions. Regardless of any error in its designation, a pleading
				  shall be accorded its true status in the proceeding in which it is
				  filed.
(b) Amended and supplemental
				  pleadings may be filed at such time so as not to operate as a surprise on the
				  opposing party.
(c) The
				  administrative law judge may allow a pleading to be amended during the
				  contested case evidentiary hearing on the merits and shall do so freely when
				  the trial amendment will facilitate determining the merits of the case but will
				  not unduly prejudice the objecting party.
(d) In addition to this subchapter, Texas
				  Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of
				  Procedure) shall also govern the following matters related to pleadings:
(1) content generally of pleadings;
(2) purpose and effect of motions;
(3) general requirements for
				  motions;
(4) responses to motions
				  generally;
(5) motions to
				  intervene;
(6) motions for
				  continuance;
(7) responses to
				  written motions for continuance; and
(8) amendment of pleadings.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1225 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
Stipulations shall be governed by Texas Administrative
					 Code, Title 1, Part 7, Chapter 155 (relating to Rules of
					 Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1227 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
The Texas Government Code, Chapter 2001; Texas
					 Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of
					 Procedure); this subchapter; and the Texas Rules of Civil Procedure, as
					 applicable, shall govern discovery.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1229 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The notice of
				  hearing is governed by the Texas Government Code, Chapter 2001; Texas
				  Administrative Code, Title 1, Part 7, Chapter 155 (relating to Rules of
				  Procedure); and this subchapter.
(b) The Texas Education Agency (TEA) staff
				  may serve the notice of hearing by sending it certified, return receipt
				  requested, and regular first-class U.S. mail to the party's last known
				  address.
(c) For purposes of this
				  subsection, the last known address is:
(1)
				  the address of record of the party or the party's authorized representative in
				  the contested case, if any; or
(2)
				  if the party has not made an appearance in the contested case, the last address
				  provided in any response to the notice sent in accordance with § 153.1205
				  of this title (relating to Persons Under Investigation) or the proposed action
				  that is the subject of the contested case, if any; or
(3) if the party has not provided an address
				  in response to the proposed action, the address for the person included in the
				  report made in accordance with § 153.1203 of this title (relating to
				  Required Reporting by Administrators).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1231 - Venue

Current through Reg. 49, No. 28; July 12, 2024
Hearings shall be conducted in Austin, Texas, at a site
					 designated by the State Office of Administrative Hearings in accordance with
					 applicable law and Texas Administrative Code, Title 1, Part 7, Chapter 155
					 (relating to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1233 - Conduct and Record of Hearings

Current through Reg. 49, No. 28; July 12, 2024
The rules of the State Office of Administrative Hearings
					 under Texas Administrative Code, Title 1, Part 7, Chapter 155 (relating to
					 Rules of Procedure) shall govern the procedure at the hearing and the making of
					 a record of a contested case.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1235 - Use of Deposition Transcripts in Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
The use of deposition transcripts in contested case
					 hearings shall be governed by Rule 203 of the Texas Rules of Civil Procedure.
					 The terms "court proceedings" and "trial" used in Rule 203 are deemed to refer
					 to "contested case hearing(s)" for purposes of applying this section and Rule
					 203 to contested case hearings before the State Office of Administrative
					 Hearings.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1237 - Consolidated Proceedings

Current through Reg. 49, No. 28; July 12, 2024
A party may move to consolidate two or more proceedings
					 under this subchapter if:
(1) the
				  proceedings involve common questions of law and fact; and
(2) separate proceedings would result in
				  unwarranted expense, delay, or substantial injustice.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1239 - Disposition Prior to Hearing; Default

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter and Texas Administrative Code (TAC), Title 1, Part 7, Chapter
				  155 (relating to Rules of Procedure) shall govern disposition prior to hearing,
				  default, and attendant relief.
(b)
				  The commissioner of education may issue and sign orders resolving a case prior
				  to the issuance of a proposal for decision by the presiding administrative law
				  judge (ALJ) at the State Office of Administrative Hearings (SOAH) by waiver,
				  stipulation, compromise, agreed settlement, consent order, agreed statement of
				  facts, or any other informal or alternative resolution agreed to by the parties
				  and not precluded by law.
(c) The
				  commissioner or the SOAH may dispose of a case through dismissal, partial or
				  final summary disposition, or any other procedure authorized by SOAH rules of
				  procedure prior to a contested case hearing on the merits on the following
				  grounds: unnecessary duplication of proceedings; res judicata; withdrawal;
				  mootness; lack of jurisdiction; failure of a party requesting relief to timely
				  file or file in proper form a pleading that would support an order or decision
				  in that party's favor; failure to comply with an applicable order, deadline,
				  rule, or other requirement issued by the presiding ALJ; failure to state a
				  claim for which relief can be granted; or failure to prosecute.
(d) A party's failure to appear in person or
				  by authorized representative on the day and at the time set for hearing shall
				  constitute a default in a contested case, and the commissioner may enter a
				  default judgment, as authorized by the Texas Government Code, §
										2001.056,
				  or 1 TAC §
										155.501(relating
				  to Default Proceedings).
(1) If the case is
				  dismissed and remanded to the commissioner by the SOAH after a party failed to
				  appear in person or by authorized representative on the day and at the time set
				  for hearing in a contested case, the Texas Education Agency (TEA) staff
				  attorney shall present to the commissioner a motion for default.
(2) Prior to issuance of a default decision
				  or order, a party may contest the issuance of a default judgment by written
				  notice filed with TEA staff showing good cause for failure to appear at the
				  contested case hearing.
(3) After
				  consideration of the petition and the motion for default, the commissioner may
				  then issue a default order deeming the allegations in the petition as
				  true.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1241 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) As appropriate,
				  the presiding administrative law judge (ALJ) shall prepare a proposal for
				  decision containing separately stated findings of fact and conclusions of
				  law.
(b) The ALJ may amend the
				  proposal for decision pursuant to exceptions, replies to exceptions, and
				  briefs.
(c) The ALJ shall submit
				  the proposal for decision to the commissioner of education, with a copy to each
				  party.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1243 - Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may
				  file any exceptions to the proposal for decision within 15 calendar days of the
				  date of the proposal for decision. Any replies to the exceptions shall be filed
				  by other parties within 15 calendar days of the filing of exceptions. These
				  time limits may be extended by agreement of the parties and the administrative
				  law judge (ALJ). Exceptions and replies shall be:
(1) served upon the other party by mail,
				  hand-delivery, facsimile, any method allowed by the State Office of
				  Administrative Hearings rules, or any electronic transmission agreed to by the
				  parties; and
(2) filed with the ALJ
				  in accordance with Texas Administrative Code, Title 1, Part 7, Chapter 155
				  (relating to Rules of Procedure).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1245 - Review of Proposal by Commissioner of Education

Current through Reg. 49, No. 28; July 12, 2024
The commissioner of education shall review the proposal for
					 decision and any amended proposals for decision, the exceptions and any replies
					 to exceptions, and the relevant excerpts from the record of the hearing
					 conducted by the State Office of Administrative Hearings before making a final
					 decision or issuing an order in a case.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1247 - Final Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless a party
				  or the party's authorized representative, as appropriate, agrees in writing to
				  receive it via facsimile or email, a copy of the commissioner of education's
				  decision or order shall be delivered by certified mail to the parties or to
				  their authorized representatives, as appropriate. Texas Education Agency staff
				  shall send the copy by facsimile or email to the State Office of Administrative
				  Hearings (SOAH) if SOAH has issued a proposal for decision in the
				  case.
(b) All final decisions and
				  orders of the commissioner under this subchapter shall be in writing and
				  signed. A final decision or order shall include findings of fact and
				  conclusions of law separately stated. The findings of fact or conclusions of
				  law may be adopted by reference to another document.
(c) The commissioner may adopt an order
				  modifying findings of fact or conclusions of law in a proposal for decision
				  submitted by the administrative law judge (ALJ) in accordance with the Texas
				  Government Code, Chapter 2001. The commissioner may remand the matter back to
				  the ALJ with specific instructions for the ALJ to determine an essential
				  finding of fact or to apply the correct burden or standard of proof.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1249 - Motion for Rehearing; Administrative Finality; Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion for rehearing of the
				  commissioner of education's decision in a contested case and the determination
				  of administrative finality shall be governed by the Texas Government Code,
				  Chapter 2001; applicable case law; and this section.
(b) A motion for rehearing unsupported by
				  satisfactory evidence shall be overruled. This subsection does not limit the
				  overruling of a motion for rehearing on other grounds or by operation of
				  law.
(c) Appeals from a final order
				  of the commissioner shall be under the substantial evidence standard of review
				  and governed by the Texas Government Code, Chapter 2001; applicable case law;
				  and this section.
(d) The costs of
				  transcribing the testimony and preparing the record for an appeal by judicial
				  review shall be paid by the party who appeals. Texas Education Agency's
				  services in preparing a record for appeal at the request of another party shall
				  be reimbursed on the same basis as the charges for providing public information
				  pursuant to Texas Administrative Code, Title 1, Part 3, Chapter 70 (relating to
				  Cost of Copies of Public Information).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 153 - SCHOOL DISTRICT PERSONNEL › Subchapter EE - COMMISSIONER'S RULES CONCERNING REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS › Section 153.1251 - Notice of Placement on Registry

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The person's name will be added to the registry of persons not eligible for
				  employment in Texas public schools, in accordance with Texas Education Code,
				  §
										22.092(c)(5),
				  if the commissioner of education determines in a final order that the person:
(1) abused or otherwise committed an unlawful
				  act with a student or minor; or
(2)
				  was involved in a romantic relationship with or solicited or engaged in sexual
				  contact with a student or minor.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter A - GENERAL PROVISIONS FOR HEARINGS BEFORE THE STATE BOARD OF EDUCATION › Section 157.1 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern the proceedings in all
					 contested cases before the State Board of Education where:
(1) notice and opportunity for hearing is
				  expressly required by other law; and
(2) the hearing is not exempted from the
				  provisions of the Administrative Procedure Act (APA) (Texas Government Code,
				  Chapter 2001).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter A - GENERAL PROVISIONS FOR HEARINGS BEFORE THE STATE BOARD OF EDUCATION › Section 157.2 - Request for Hearing; Transfer to State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) All proceedings under §
										157.1 of this
				  title (relating to Scope and Purpose) shall be heard by the State Office of
				  Administrative Hearings, pursuant to the procedures set forth in 1 TAC Chapter
				  155 (relating to Rules of Procedures).
(b) In cases in which the Texas Education
				  Agency is not the petitioner, petitions for review or requests for hearing
				  shall be filed with the State Board of Education (SBOE) within 30 calendar days
				  after the decision, order, or ruling complained of is first communicated to the
				  petitioner, except as otherwise provided by law or SBOE rule.
(c) At the time the petitioner files a
				  request for hearing with the SBOE regarding administrative penalties pursuant
				  to the Texas Education Code, §
										31.151,
				  all parties to the hearing are prohibited from contacting members of the SBOE
				  concerning the factual or legal issues presented in the hearing until a final
				  decision is rendered.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter A - GENERAL PROVISIONS FOR HEARINGS BEFORE THE STATE BOARD OF EDUCATION › Section 157.3 - Board Consideration and Adoption of Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) After the time for filing exceptions and
				  replies to exceptions expires and the proposal for decision is forwarded to the
				  Texas Education Agency, the State Board of Education (SBOE) shall consider the
				  proposal for decision and any exceptions and replies in public session and
				  shall enter a written decision adopting or modifying and adopting the proposed
				  decision or remanding the matter to the State Office of Administrative Hearings
				  for further proceedings.
(b) No
				  public testimony shall be heard on the question of adopting, modifying, or
				  remanding the proposal for decision. No information other than the record of
				  the proceedings conducted by the administrative law judge, the proposal for
				  decision, and the exceptions and replies of the parties shall be heard,
				  considered, or discussed by the SBOE concerning the contested case.
(c) All final decisions or orders of the SBOE
				  shall be in writing and signed by the chair, if voting in favor of the
				  decision, or by a member selected by those voting in favor of the decision. A
				  final decision shall include findings of fact and conclusions of law separately
				  stated. Findings of fact, if set forth in statutory language, shall be
				  accompanied by a concise and explicit statement of the underlying facts
				  supporting the findings.
(d) The
				  decision of the SBOE may incorporate by reference the proposal for decision in
				  whole or in part, and such incorporation by reference may constitute compliance
				  with subsection (c) of this section. If the decision of the SBOE modifies the
				  proposal for decision in any respect, the SBOE shall specify the portions
				  modified and shall set out in full the affected language as modified by the
				  decision of the SBOE.
(e) Party
				  representatives shall be simultaneously notified either personally, by
				  facsimile transmission, or overnight courier of each decision or order. For
				  purposes of §
										157.4 of
				  this title (relating to Motions for Rehearing), a party present at a meeting of
				  the SBOE at which a public vote is taken shall be deemed notified of the
				  decision or order on the date of the vote.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter A - GENERAL PROVISIONS FOR HEARINGS BEFORE THE STATE BOARD OF EDUCATION › Section 157.4 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In the absence
				  of a finding of imminent peril, a motion for rehearing is a prerequisite to a
				  judicial appeal.
(b) Motions for
				  rehearing will be in conformance with the Texas Government Code, §
										2001.146.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter D - INDEPENDENT HEARING EXAMINERS › Section 157.41 - Certification Criteria for Independent Hearing Examiners

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  License required. An individual who is certified as an independent hearing
				  examiner must be licensed to practice law in the State of Texas.
(b) Representations prohibited. An
				  independent hearing examiner, and the law firm with which the independent
				  hearing examiner is associated, must not serve as an agent or representative
				  of:
(1) a school district;
(2) a teacher in any dispute with a school
				  district; or
(3) an organization of
				  school employees, school administrators, or school boards.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1041 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				  shall govern in all hearings before the commissioner of education.
(b) This chapter adopts for all purposes the
				  provisions of the Texas Rules of Civil Evidence
				  (http://www.courts.state.tx.us/rules/tre-toc.asp) and the Texas Rules of Civil
				  Procedure (http://www.supreme.courts.state.tx.us/rules/TRCP/RCP_all.pdf). The
				  Rules of Civil Evidence and Civil Procedure will prevail except as modified by
				  these rules. The provisions of this Subchapter AA shall govern the procedure
				  for the administration of all hearings before the commissioner of education
				  except where modified by Subchapter BB of this chapter (relating to Specific
				  Appeals to the Commissioner).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1042 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative law
				  judge--A member or employee of the agency or other individual assigned to issue
				  a proposal for decision, to render a decision, or to make findings of fact or
				  conclusions of law.
(2) Agency--The
				  Texas Education Agency.
(3)
				  Board--The board of trustees of a public school district.
(4) Commissioner--The commissioner of
				  education, or one who has been designated by the commissioner to perform a
				  task.
(5) Disqualification--When an
				  administrative law judge, in his or her discretion, permanently forbids a party
				  representative from any further participation in an adjudicative
				  proceeding.
(6) Exclusion--When an
				  administrative law judge, in his or her discretion, ejects a person temporarily
				  from an adjudicative proceeding.
(7) Hearing--An adjudicative process from
				  initiation until final decision.
(8) Independent hearing examiner--a person
				  certified by the commissioner to hold hearings pursuant to the Texas Education
				  Code, Chapter 21, Subchapter F (Hearings Before Hearings Examiners).
(9) Party representative--A lawyer or
				  non-lawyer who acts on behalf of himself or herself or who is authorized to act
				  on behalf of a party during the hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1043 - Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner may designate and appoint an administrative law judge to act on
				  his or her behalf in conducting any hearing held under this chapter and to
				  prepare draft decisions or proposals for decision on those hearings.
(b) The administrative law judge has the
				  authority to administer oaths; call and examine witnesses; issue subpoenas;
				  make rulings on motions, the admissibility of evidence, and amendments to
				  pleadings; maintain decorum; schedule and recess the hearing from day to day;
				  establish reasonable timelines; and make any other orders as justice
				  requires.
(c) If the administrative
				  law judge is unable to continue presiding over a hearing at any time before the
				  final decision, another administrative law judge will be appointed who shall
				  perform any remaining function without the necessity of repeating any previous
				  proceedings.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1044 - Classification of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties are
				  designated as follows.
(1) Petitioner--the
				  party who initiates the hearing before the commissioner by filing a petition
				  for review in compliance with §
											157.1051 of
				  this title (relating to Petition for Review).
(2) Respondent--any party against whom a
				  petition for review has been filed with the commissioner.
(3) Intervenor--a person who, upon showing a
				  justiciable interest, is permitted to become a party to a hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1045 - Appearances

Current through Reg. 49, No. 28; July 12, 2024
Any party may appear on his or her own behalf; if a minor,
					 by his or her next friend, or by a representative of the party's choice.
					 Corporations must be represented by a duly authorized attorney licensed to
					 practice in the state of Texas. Party representatives are held to the same
					 procedural and substantive standards as attorneys. Attorneys and party
					 representatives who wish to take a vacation and prevent the scheduling of
					 hearings during a specific time period must notify the administrative law judge
					 in writing at least two weeks before the vacation begins.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1046 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Standards of
				  conduct during the hearings process.
(1) The
				  administrative law judge and the party representative should refer to the Texas
				  Disciplinary Rules of Professional Conduct for guidance, regardless of whether
				  all participants are licensed attorneys (Texas State Bar Rules, Article 10,
				  §9).
(2) A party
				  representative shall maintain high standards of professionalism during the
				  administrative process and promote an atmosphere of civility and
				  fairness.
(3) A party
				  representative shall use these rules for legitimate purposes and not for
				  dilatory purposes or to harass or intimidate other participants.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1047 - Classification of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
Pleadings filed with the commissioner shall include, but
					 not be limited to, petitions for review, answers, pleas to the jurisdiction,
					 motions, replies to motions, exceptions to the proposal for decision, and
					 replies to the exceptions to the proposal for decision. Regardless of any error
					 in its designation, the filing shall be accorded its true status in the hearing
					 in which it is filed.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1048 - Form and Content of Documents

Current through Reg. 49, No. 28; July 12, 2024
All pleadings, briefs, and exhibits filed with the
					 commissioner shall be signed by the party representative and legibly
					 handwritten, typewritten, or printed on paper 8 l/2 inches wide by 11 inches
					 long. If the document is typewritten or printed, the filing must be
					 double-spaced and printed in at least 12-point font.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1049 - Filing of Documents with the Commissioner of Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Except where otherwise provided by law,
				  the petitioner shall file with the commissioner or the agency's division
				  responsible for hearings and appeals a petition for review within 45 calendar
				  days after the decision, order, or ruling complained of is first communicated
				  to the petitioner. In all cases, when a decision is announced in the presence
				  of the petitioner or the petitioner's representative of record at a hearing,
				  the announced decision shall constitute communication to the
				  petitioner.
(b) Filing of documents
				  is governed by Texas Rules of Civil Procedure 21 and 21a.
(c) Except as otherwise provided, any
				  document other than a petition for review will be filed with the agency's
				  division responsible for hearings and appeals. All mailings and deliveries
				  shall be addressed to: Texas Education Agency, 1701 North Congress Avenue,
				  Suite 2-150, Austin, Texas 78701-1494. All facsimile filings shall be sent to
				  the following facsimile number: (512) 475-3662. All electronic filings shall be
				  submitted as provided on the TEA website with information related to hearings
				  and appeals.
(d) All documents
				  filed after 11:59 p.m. Central Time shall be deemed filed on the following
				  business day.
(e) Failure to comply
				  with subsection (a) of this section relating to the time for filing a petition
				  for review will result in the dismissal of the case.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1050 - Service of Documents on Other Parties

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided by law, every pleading, plea, or
					 motion filed with the agency's division responsible for hearings and appeals
					 shall be served on all parties or party representatives by the same method as
					 the document was filed with the agency, except that electronic service and
					 service by facsimile may be substituted for personal service.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1051 - Petition for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A petition for
				  review shall contain the following in numbered paragraphs:
(1) a description of the challenged ruling,
				  action, or failure to act complained of;
(2) the date of the challenged ruling,
				  action, or failure to act;
(3) a
				  precise description of the action the petitioner wants the commissioner to take
				  on the petitioner's behalf;
(4) a
				  statement of jurisdiction and the legal basis for the claim;
(5) if the hearing is de novo, a statement of
				  the facts of which the petitioner is aware or which the petitioner believes to
				  be true and which would lead to a reasonable conclusion that the petitioner is
				  entitled to the relief sought;
(6)
				  the name, mailing address, telephone number of the petitioner's party
				  representative during business hours, email address, and facsimile number, if
				  any; and
(7) the name, mailing
				  address, and business telephone of the respondent or the respondent's
				  representative, email address, and facsimile number, if any.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1052 - Answers

Current through Reg. 49, No. 28; July 12, 2024
(a) Except where otherwise provided by law,
				  the respondent shall file an answer within 30 calendar days after receiving
				  notice from the commissioner that a hearing has been docketed.
(b) The answer shall specifically admit or
				  deny each allegation in the petition for review, or shall assert that
				  respondent is without sufficient knowledge and information to admit or deny the
				  allegation and shall set forth all affirmative defenses.
(c) The answer shall contain the name of the
				  respondent or the respondent's party representative, the mailing address,
				  telephone number during business hours, and facsimile number, if any.
(d) In de novo hearings, all well-pled
				  factual allegations will be deemed admitted unless the respondent's answer,
				  containing specific responses to each allegation, is filed within the time
				  period prescribed in subsection (a) of this section. A general denial shall not
				  be sufficient to controvert factual allegations contained in the petition for
				  review.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1053 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
(a) In any hearing,
				  the administrative law judge or a party may move for the setting of a
				  prehearing conference. At the administrative law judge's discretion, the
				  parties shall be directed to appear, either in person or by telephone, at a
				  specific time for a conference prior to a hearing on the merits for the
				  purposes of considering any of the following:
(1) the formulation or simplification of
				  issues;
(2) admission of certain
				  assertions of fact or stipulations;
(3) the procedure at the hearing on the
				  merits, if the hearing is de novo;
(4) any limitation, where possible, of the
				  number of witnesses, if the hearing is de novo; and/or
(5) such other matters as may aid in the
				  simplification of the hearing or the disposition of matters in controversy,
				  including the settlement of matters in dispute.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1054 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Permissible forms of discovery in a de
				  novo hearing are:
(1) oral or written
				  deposition governed by Texas Government Code, §§
											2001.094-2001.103;
(2) written interrogatories to a party
				  governed by Texas Rule of Civil Procedure 197;
(3) requests of a party for admission of
				  facts and the genuineness or identity of documents or things governed by Texas
				  Rule of Civil Procedure 198;
(4)
				  requests and motions for production, examination, and copying of documents or
				  other tangible materials governed by Texas Government Code, §
											2001.091;
(5) requests and motions for entry upon and
				  examination of real property governed by Texas Government Code, §
											2001.091;
(6) discovery from parties regarding the
				  identity of witnesses or potential parties and expert reports governed by Texas
				  Government Code, §
											2001.092,
				  and discovery from parties regarding copies of previous statements governed by
				  Texas Government Code, §
											2001.093;
				  and
(7) requests for disclosure
				  governed by Texas Rule of Civil Procedure 194.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1055 - Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) A motion for continuance of any hearing
				  shall specifically articulate grounds constituting good cause or shall be by
				  agreement and shall be filed in writing.
(b) All motions requiring a ruling must be in
				  writing and must contain a certificate of conference asserting that the movant
				  has conferred with the opposing party representative and has or has not
				  obtained agreement with the motion. If no conference was conducted, the movant
				  shall state the reasons, amounting to good cause, why the conference was not
				  held. All motions requiring a certificate of conference will be denied without
				  the requirement of a response if the moving party fails to confer with the
				  opposing party as required. Any motion for which a conference was not held,
				  when the movant has alleged good cause for not holding a conference, must be
				  responded to within seven days, unless the administrative law judge specifies a
				  shorter time to respond.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1056 - Dismissal Without a Hearing; Nonsuits

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner or his or her designee
				  may, on his or her own motion or the motion of a party, inform the parties of
				  the commissioner's intent to dismiss a hearing and allow time for response. The
				  commissioner may then dismiss a hearing without further action for the
				  following reasons: compromise, unnecessary duplication of proceedings, res
				  judicata, withdrawal, mootness, untimely filing, lack of jurisdiction, failure
				  of a petitioner to set forth facts in the pleadings that would support a
				  decision in the petitioner's favor, failure to state a claim for which relief
				  can be granted, failure to exhaust administrative remedies, or failure to
				  prosecute.
(b) The petitioner may
				  nonsuit the hearing at any time.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1057 - Order of Procedure at De Novo Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The petitioner may state briefly the
				  nature of the claim or defense, what the petitioner expects to prove, and the
				  relief sought. Immediately after, the respondent may make a similar statement,
				  and the intervenors and other parties will be afforded similar rights as
				  determined by the administrative law judge.
(b) Evidence shall then be introduced by the
				  petitioner. The respondent and intervenors shall have the opportunity to
				  cross-examine each of the petitioner's witnesses.
(c) Cross-examination is not limited solely
				  to matters raised on direct examination. Parties are entitled to redirect and
				  recross examination.
(d) Unless the
				  statement has already been made, the respondent may briefly state the nature of
				  the claim or defense, what the respondent expects to prove, and the relief
				  sought.
(e) Evidence, if any, shall
				  be introduced by the respondent. The petitioner and intervenors shall have the
				  opportunity to cross-examine each of the respondent's witnesses.
(f) The intervenor and other parties may make
				  their statement, unless they have already done so, and shall introduce their
				  evidence, if any. The petitioner and respondent shall have the opportunity to
				  cross-examine the intervenor's witnesses.
(g) The petitioner may present rebuttal
				  evidence.
(h) The parties may be
				  allowed closing arguments at the discretion of the administrative law
				  judge.
(i) The administrative law
				  judge may permit deviations from this order of procedure in the interests of
				  justice.
(j) Parties shall provide
				  four copies of each exhibit offered.
(k) At the de novo hearing before the
				  commissioner, any part or all of a certified transcript of sworn testimony and
				  exhibits taken in a hearing before the board of trustees from which the
				  petitioner appeals may be used by any party for any purpose against any party
				  who was present or represented at the hearing before the board of trustees or
				  who had reasonable notice of the meeting. The Texas Rules of Civil Evidence
				  shall be applied to each question and answer as though the witness were then
				  present and testifying. Unavailability of a witness is not a requirement for
				  admissibility. Testimony of a witness in the hearing before the commissioner
				  shall not be precluded solely because the testimony is contained in the record
				  of the hearing before the board of trustees.
(l) In any hearing where a party is
				  represented by more than one attorney, a lead attorney must be designated prior
				  to the commencement of the hearing.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1058 - Briefing

Current through Reg. 49, No. 28; July 12, 2024
(a) If briefing is required in a hearing that
				  is reviewed by the commissioner under the substantial evidence standard, the
				  petitioner's brief shall contain the following:
(1) Statement of the case. The brief must
				  state concisely the nature of the case, the course of proceedings, and the
				  school district's disposition of the case. The statement should be supported by
				  record references, should seldom exceed one-half page, and should not discuss
				  the facts.
(2) Issues presented.
				  The brief must state concisely all issues or points presented for review. The
				  statement of an issue or point will be treated as covering every subsidiary
				  question that is fairly included. However, an issue that is not so identified
				  is waived.
(3) Statement of facts.
				  The brief must state concisely and without argument the facts pertinent to the
				  issues or points presented. The commissioner will accept as true the facts
				  stated unless another party contradicts them. The statement must be supported
				  by record references.
(4) Argument.
				  The brief must contain clear and concise argument for the contentions made with
				  appropriate citations to authorities and to the record.
(5) Prayer. The brief must contain a short
				  conclusion that clearly states the nature of the relief sought.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1059 - Filing of Exceptions and Replies to Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy of the proposal for decision in a
				  hearing shall be simultaneously delivered, emailed, or mailed by certified
				  mail, return receipt requested, to each party representative of
				  record.
(b) Exceptions to the
				  proposal for decision shall be filed within 30 calendar days of the date of the
				  proposal for decision.
(c) Replies
				  to exceptions shall be filed within 50 calendar days of the date of the
				  proposal for decision.
(d) All
				  disagreements with the factual findings and legal conclusions of the proposal
				  for decision must be made in the parties' exceptions to the proposal for
				  decision or be waived.
(e) The
				  exceptions shall be specifically and concisely stated. The evidence relied upon
				  shall be stated with particularity, and any evidence or arguments relied upon
				  shall be grouped under the exceptions to which they relate.
(f) The timelines may be modified by the
				  administrative law judge.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1060 - Orders

Current through Reg. 49, No. 28; July 12, 2024
After the time for filing exceptions and replies to
					 exceptions expires, the administrative law judge's proposal for decision will
					 be considered by the commissioner and either adopted or modified. All final
					 decisions or orders of the commissioner shall be in writing and signed. A final
					 decision shall include findings of fact and conclusions of law separately
					 stated. Findings of fact, if set forth in statutory language, shall be
					 accompanied by a concise and explicit statement of the underlying facts
					 supporting the findings. Party representatives shall be simultaneously notified
					 either personally, by certified mail, by email, or by facsimile transmission of
					 each decision or order.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 157 - HEARINGS AND APPEALS › Subchapter AA - GENERAL PROVISIONS FOR HEARINGS BEFORE THE COMMISSIONER OF EDUCATION › Section 157.1061 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  absence of a finding of imminent peril, a motion for rehearing is a
				  prerequisite to a judicial appeal. A motion for rehearing must be filed by a
				  party representative within 25 days after the date the decision or order that
				  is the subject of the motion is signed.
(b) Replies to a motion for rehearing must be
				  filed with the agency within 40 days after the date the decision or order that
				  is the subject of the motion is signed.
(c) Agency action on the motion for rehearing
				  must be taken within 55 days after the date the decision or order that is the
				  subject of the motion is signed. If agency action is not taken within the
				  55-day period, the motion for rehearing is overruled by operation of law 55
				  days after the date the decision or order that is the subject of the motion is
				  signed.
(d) The agency may, by
				  written order, extend the period of time for filing the motions or replies and
				  taking agency action, except that an extension may not extend the period for
				  agency action beyond 100 days after the date the decision or order that is the
				  subject of the motion is signed.
(e) In the event of an extension, the motion
				  for rehearing is overruled by operation of law on the date fixed by the order,
				  or in the absence of a fixed date, 100 days after the date the decision or
				  order that is the subject of the motion is signed.