reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.215 - Date, Time, and Place of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The arbitration hearing shall be
				  scheduled to begin no later than the 90th day after
				  the date that the arbitrator is selected.
(b) The arbitrator shall set the date, time,
				  and place for each hearing. She/he shall send a notice of hearing to the
				  parties at least 30 days in advance of the hearing date, unless otherwise
				  agreed to by the parties. A copy of such notice shall be simultaneously filed
				  with SOAH by the arbitrator.
(c)
				  The arbitrator may grant a continuance of the arbitration at the request of
				  DADS or the facility. The arbitrator may not unreasonably deny a request for a
				  continuance.
(d) Arbitration
				  hearings normally will be held at SOAH's hearings facility in Austin, Texas. If
				  a party seeks to have the arbitration hearing held elsewhere, the party shall
				  submit a written request to the arbitrator and make a showing of good cause.
				  The arbitrator shall have sole discretion to determine whether to grant such a
				  request. If the arbitrator grants the request, the arbitrator shall determine
				  how the incidental expenses of holding the arbitration hearing outside of
				  Austin will be apportioned between the parties. Incidental expenses include the
				  cost of renting a room for the hearing and the arbitrator's travel expenses.
				  Preference will be given to using state facilities. The arbitrator may require
				  that the incidental expenses be paid in advance of the arbitration
				  hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.217 - Representation

Current through Reg. 49, No. 28; July 12, 2024
Any party may be represented by counsel or other authorized
					 representative.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.219 - Attendance Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The arbitrator may
				  proceed in the absence of any party or representative of a party who, after
				  notice of the proceeding, fails to be present or to obtain a
				  continuance.
(b) An arbitrator may
				  not make an order solely on the default of a party and shall require the party
				  who is present to submit evidence, as required by the arbitrator, before
				  issuing an order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.221 - Public Hearings and Confidential Material

Current through Reg. 49, No. 28; July 12, 2024
Hearings held under this chapter shall be open to the
					 public. The parties are responsible for identifying any material that is
					 confidential by law and for taking appropriate measures to ensure that such
					 material remains confidential during the hearing. All exhibits shall be
					 returned to DADS following the issuance of the order by the arbitrator, where
					 they shall be maintained in accordance with DADS' rules.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.223 - Order of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Opening
				  statements. The arbitrator may ask each party to make an opening statement to
				  clarify the issues involved.
(b)
				  The complaining party shall then present evidence to support its claim. The
				  defending party shall then present evidence to support its claim. Witnesses for
				  each party shall answer questions propounded by the other party and the
				  arbitrator.
(c) The arbitrator has
				  the discretion to vary this procedure but shall afford a full and equal
				  opportunity to all parties for the presentation of any material and relevant
				  evidence within the time frames set by the arbitrator.
(d) Exhibits offered by either party may be
				  received in evidence by the arbitrator.
(e) The parties may make closing statements
				  as they desire, but the record may not remain open for written briefs unless
				  ordered by the arbitrator. If the arbitrator requests briefs the arbitration
				  hearing shall be deemed "closed" on the date that the last requested brief is
				  filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.225 - Control of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
The arbitrator shall exercise reasonable control over the
					 proceedings, including but not limited to the manner and order of interrogating
					 witnesses and presenting evidence so as to:
(1) make the interrogation and presentation
				  effective for the determination of the truth;
(2) avoid needless consumption of time;
				  and
(3) protect witnesses from
				  harassment or undue embarrassment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.227 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties may offer evidence as they
				  desire and shall produce additional evidence that the arbitrator considers
				  necessary to understand and resolve the dispute. However, any documentary
				  evidence not properly exchanged between the parties before the hearing will be
				  excluded from consideration unless good cause is shown.
(b) The arbitrator is the judge of the
				  relevance and materiality of the evidence offered. Strict conformity to the
				  rules of judicial proceedings is not required. The Texas Rules of Evidence are
				  not binding on the arbitrator but may be used as a guideline.
(c) Each party shall produce any witnesses
				  under its control without the necessity of a subpoena. Individuals may be
				  compelled by the arbitrator, as provided under the Texas General Arbitration
				  Act, Texas Civil Practice and Remedies Code, § 171.007, to attend and give
				  testimony or to produce documents at the arbitration proceeding or at a
				  deposition allowed under this subchapter, §156.205 (relating to
				  Discovery).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.229 - Witnesses

Current through Reg. 49, No. 28; July 12, 2024
Witnesses shall testify under oath. Testimony may be
					 presented in a narrative, without strict adherence to a "question and answer"
					 format.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.231 - Exclusion of Witnesses

Current through Reg. 49, No. 28; July 12, 2024
Any party may request that the arbitrator exclude witnesses
					 from the hearing except when they are testifying. If such a request is made,
					 the arbitrator shall instruct the witnesses not to discuss the case outside the
					 official hearing other than with the designated representatives or attorneys in
					 the case. However, an individual who is a party or any other single party
					 representative shall not be excluded under this rule. A witness or other person
					 violating these instructions may be punished by the exclusion of evidence as
					 the arbitrator deems appropriate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.233 - Evidence by Affidavit

Current through Reg. 49, No. 28; July 12, 2024
The arbitrator may receive and consider evidence of
					 witnesses by affidavit. Affidavit testimony must be filed with the arbitrator
					 and served on the other party no later than 30 days before the hearing. The
					 other party will have 15 days to file any objection to the admissibility of the
					 affidavit or to file controverting affidavits. The arbitrator shall give such
					 evidence only such weight as the arbitrator deems it entitled to after
					 consideration of any objection made to its admission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.235 - Evidence Filed After the Hearing

Current through Reg. 49, No. 28; July 12, 2024
If the parties agree or the arbitrator directs that
					 documents or other evidence be submitted to the arbitrator after the hearing,
					 all parties shall be afforded an opportunity to examine such documents or other
					 evidence. Such materials shall be served as provided in Subchapter C of this
					 chapter, §156.101 (relating to Filing and Service of
					 Documents).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter F - ARBITRATION ORDER › Section 156.251 - Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The arbitrator may enter any order
				  consistent with state and federal law applicable to a dispute described in
				  Subchapter B of this chapter, §156.51 (relating to Opportunity to Elect
				  Arbitration).
(b) The order shall
				  be entered no later than the 60th day after the close of the arbitration
				  hearing.
(c) The arbitrator shall
				  base the order on the facts established in the arbitration proceeding,
				  including stipulations of the parties; and on the state and federal statutes
				  and formal rules and regulations, as properly applied to those facts.
(d) The order must:
(1) be in writing;
(2) be signed and dated by the arbitrator;
				  and
(3) include a list of
				  stipulations on uncontested issues and a statement of the arbitrator's
				  decisions on all contested issues. If requested by either of the parties, the
				  decision shall contain findings of fact and conclusions of law on controverted
				  issues.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter F - ARBITRATION ORDER › Section 156.253 - Effect of Order

Current through Reg. 49, No. 28; July 12, 2024
An order of an arbitrator under this chapter is final and
					 binding on all parties. A party's right to appeal is limited to the provisions
					 of the Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter F - ARBITRATION ORDER › Section 156.255 - Clerical Error

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of correcting clerical errors, an
					 arbitrator retains jurisdiction of the order for 20 days after the date of the
					 order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 157 - TEMPORARY ADMINISTRATIVE LAW JUDGES › Section 157.1 - Temporary Administrative Law Judges

Current through Reg. 49, No. 28; July 12, 2024
(a) If judges employed by the State Office of
				Administrative Hearings are not available to hear a case within a reasonable
				time, the chief judge may contract with qualified individuals to serve as
				temporary administrative law judges.
(b) To serve as a temporary administrative
				law judge, an individual must be licensed to practice law in the State of Texas
				and have five years experience in administrative law from conducting hearings
				under the Administrative Procedure Act and/or practicing administrative
				law.
(c) The chief judge will also
				consider:
(1) qualifications and experience;
				and
(2) expertise related to the
				subject matter of the hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter A - GENERAL › Section 159.1 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter applies to contested
				  hearings before SOAH concerning administrative suspension, denial, or
				  disqualification of drivers' licenses under the Administrative License
				  Revocation (ALR) Program governed by Texas Transportation Code, Chapters 522,
				  524, and 724.
(b) These regulations
				  shall be construed to ensure the fair and expeditious determination of every
				  action.
(c) These rules shall
				  supplement the procedures required by law, but to the extent they conflict with
				  Texas Government Code, Chapter 2001, the provisions of this chapter shall
				  prevail.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter A - GENERAL › Section 159.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, the following terms have the meaning
					 indicated:
(1) Adult--An individual
				  twenty-one years of age or older.
(2) ALR suspension--An administrative
				  driver's license disqualification, suspension, or denial under the ALR Program
				  which is the subject of this chapter.
(3) Alcohol concentration--Defined in Texas
				  Penal Code §
										RSA 49.01.
(4) Alcohol-related or drug-related
				  enforcement contact--Defined in Texas Transportation Code §
										RSA
				  524.001.
(5) Certified breath test technical
				  supervisor--A person who has been certified by DPS to maintain and direct the
				  operation of a breath test instrument used to analyze breath specimens of
				  persons suspected of driving while intoxicated.
(6) Contested case--A proceeding brought
				  under Texas Transportation Code, Chapter 522, Subchapter I; Chapter 524,
				  Subchapter D; or Chapter 724, Subchapter D.
(7) Defendant--One who holds a license as
				  defined in Texas Transportation Code, Chapter 521, or an unlicensed driver,
				  whose legal rights, duties, statutory entitlement, or privileges may be
				  affected by the outcome of a contested case under this chapter.
(8) Denial--The non-issuance of a license or
				  permit, and loss of the privilege to obtain a license or permit.
(9) DPS--The Texas Department of Public
				  Safety.
(10) Driver--A person who
				  drives or is in actual physical control of a motor vehicle.
(11) Final decision--The decision issued by a
				  judge who hears the contested case or another judge who reviewed the record in
				  its entirety and who is authorized under appropriate law to issue final
				  decisions in an ALR case.
(12)
				  Intoxicated--Defined in Texas Penal Code §
										RSA
				  49.01(2).
(13) Minor--An individual under twenty-one
				  years of age.
(14) Operate--To
				  drive or be in actual physical control of a motor vehicle.
(15) Peace officer--A person elected,
				  employed, or appointed as a peace officer under Texas Criminal Procedure Code
				  §2.12 or other law. A peace officer may also be referred to as an
				  arresting officer.
(16) Public
				  place--Defined in Texas Penal Code §
										RSA 1.07 and Texas
				  Transportation Code §
										RSA
				  524.001.
(17) Test--The taking of blood or breath
				  specimens as set out in Texas Transportation Code, Chapters 522, 524 and
				  724.
(18) The following terms are
				  defined in 1 Texas Administrative Code §
										RSA 155.5 (relating
				  to Definitions): Administrative Law Judge or judge; APA; authorized
				  representative; Chief Judge; party; person; and SOAH.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter A - GENERAL › Section 159.5 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
Time shall be computed in the manner provided in 1 Texas
					 Administrative Code §
										RSA 155.7.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter A - GENERAL › Section 159.7 - Other SOAH Rules of Procedure

Current through Reg. 49, No. 28; July 12, 2024
Other SOAH rules of procedure found at Chapters 155 of this
					 title (relating to Rules of Procedure), 157 of this title (relating to
					 Temporary Administrative Law Judges) and 161 of this title (relating to
					 Requests for Records) may apply in contested cases under this chapter unless
					 there are specific applicable procedures set out in this chapter. The rules
					 that specifically apply include:
(1)
				  Subchapter D, §§155.151 - 155.157 (relating to Assignment of Judges
				  to Cases, Disqualification or Recusal of Judges, Powers and Duties, Orders, and
				  Sanctioning Authority);
(2)
				  Subchapter E, §
										RSA
				  155.201 of this title (relating to
				  Representation of Parties);
(3)
				  Subchapter I, §
										RSA 155.417 of this
				  title (relating to Stipulations);
(4) Subchapter I, §
										RSA 155.425
				  of this title (relating to Procedure at Hearing);
(5) Subchapter I, §
										RSA 155.431
				  of this title (relating to Conduct and Decorum);
(6)
										§
										RSA
				  157.1 of this title (relating to Temporary
				  Administrative Law Judges); and
(7)
										§
										RSA
				  161.1 of this title (relating to Charges for
				  Copies of Public Information).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter B - REPRESENTATION › Section 159.51 - Withdrawal of Counsel

Current through Reg. 49, No. 28; July 12, 2024
(a) An attorney
				  may seek to withdraw from representing a defendant only upon written motion for
				  good cause shown. If another attorney is to be substituted as attorney for the
				  defendant, the motion shall state the substituted attorney's name, address,
				  telephone number, and telecopier number and state that the attorney approves
				  the substitution.
(b) If the
				  defendant has no substitute attorney, the withdrawing attorney must include the
				  defendant's last known address and a statement indicating whether the defendant
				  consents to the withdrawal. If defendant does not consent to the withdrawal,
				  the attorney also must affirm that the defendant has been informed of the right
				  to object to the motion.
(c) If the
				  motion to withdraw is granted, the withdrawing attorney shall immediately
				  forward the notice of hearing, all additional information about settings and
				  deadlines, and any discovery obtained for the case to a self-represented
				  defendant or to the substitute attorney for a defendant who is represented.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter C - WITNESSES AND SUBPOENAS › Section 159.101 - Subpoenas Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope.
(1) A subpoena may command a person to give
				  testimony for an ALR hearing and/or produce designated documents or tangible
				  things in the actual possession of that person.
(2) A subpoena must be issued on the form
				  provided at www.soah.texas.gov.
(3) The party that causes a subpoena to be
				  issued must take reasonable steps to avoid imposing undue burden or expense on
				  the person served.
(4) A party or
				  attorney that violates the requirements of this subchapter will be subject to
				  sanctions as determined by the judge, including, but not limited to, the loss
				  of authority to issue subpoenas for ALR hearings.
(5) If a party that requests or issues a
				  subpoena fails to timely appear at the hearing, any subpoenaed witnesses will
				  be released from the subpoena and the subpoena will have no continuing effect.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter C - WITNESSES AND SUBPOENAS › Section 159.105 - Motions to Quash or for Protective Order

Current through Reg. 49, No. 28; July 12, 2024
(a) On behalf of a subpoenaed witness, a
				  party may move to quash a subpoena or for a protective order. A party that
				  moves to quash a subpoena must serve the motion on the other party at the time
				  the motion is filed with SOAH.
(b)
				  A party may seek an order from the judge at any time after the motion to quash
				  or motion for protective order has been filed.
(c) In ruling on motions to quash or for
				  protection, the judge must provide a person served with a subpoena an adequate
				  time for compliance, protection from disclosure of privileged material or
				  information, and protection from undue burden or expense. The judge also may
				  impose reasonable conditions on compliance with a subpoena.
(d) If a subpoena request is denied or if a
				  subpoena is quashed, any witness fee or mileage reimbursement fee that has been
				  tendered to a witness shall be returned to the party that tendered the fees
				  except that, if a subpoena is quashed after a witness has already appeared for
				  a hearing, the party that subpoenaed the witness must tender the witness fee
				  check to the witness.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter D - DISCOVERY › Section 159.151 - Prehearing Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for
				  discovery may not be filed before the request for hearing has been received by
				  the Department.
(b) No party shall
				  file copies of discovery requests with SOAH.
(c) Depositions, interrogatories, and
				  requests for admission shall not be permitted in ALR proceedings.
(d) Both parties have the right to review,
				  inspect, and obtain copies of any non-privileged documents or records in the
				  other party's possession.
(e) A
				  request for discovery must be on a separate document from other pleadings and
				  notices and clearly labeled as a request for discovery.
(f) A defendant's request for discovery from
				  DPS's ALR Division shall be served in the manner specified in 37 Texas
				  Administrative Code §
										RSA
				  17.16 (relating to Service on the Department
				  of Certain Items Required to be Served on, Mailed to, or Filed with the
				  Department). DPS's request shall be served on Defendant at the address of
				  record.
(g) Except as provided in
				  subsection (j) of this section, responses to discovery shall be sent to the
				  requesting parties within five days after receipt of the request.
(h) If a party does not have any or all of
				  the documents in its actual possession, it shall respond within five days of
				  the request, stating that it does not have the documents in its actual
				  possession. A party must supplement all its discovery responses within five
				  days from the time the party receives the discoverable documents.
(i) If a document sought through discovery is
				  received by the requesting party fewer than ten days before the scheduled
				  hearing, the judge may grant a continuance on the request of either party. The
				  judge may grant only one continuance based on recently obtained
				  discovery.
(j) A defendant may
				  request inspection, maintenance and/or repair records for the instrument used
				  to test the defendant's breath specimen for the period covering 30 days prior
				  to the test date and 30 days following the test date. If the records are in the
				  actual possession of DPS, DPS shall supply the records to the defendant within
				  ten days of receipt of the request. If DPS fails to provide properly requested
				  records after the defendant has paid reasonable copying charges for them,
				  evidence of the breath specimen shall not be admitted into evidence.
(k) A party that seeks relevant, probative
				  records from a third party may request issuance of a subpoena duces tecum
				  pursuant to Subchapter C (relating to Witnesses and Subpoenas) to have the
				  evidence produced at the hearing. If a person subpoenaed under this section
				  does not appear, the judge may grant a continuance to allow for enforcement of
				  the subpoena.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.201 - Scheduling and Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) On
				  receipt of a timely request for hearing, DPS shall schedule a hearing to be
				  conducted by a SOAH judge.
(b) The
				  location of the hearing will be set in accordance with the requirements of
				  Texas Transportation Code §
										RSA
				  524.034 and §
										RSA
				  724.041. SOAH or DPS may change the hearing
				  site upon agreement of all parties.
(c) Once DPS issues the notice of hearing
				  scheduling the hearing by telephone or videoconference, the hearing may be
				  removed from that docket only upon timely request pursuant to §
										RSA 159.207 of this
				  title (relating to Continuances) or by agreement of the parties and with the
				  ALJ's consent.
(d) It is a
				  rebuttable presumption that DPS mailed the notice of the hearing to the
				  defendant on the same date as the date listed in the notice.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.203 - Waiver or Dismissal of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Waiver
				  of Request for Hearing. The defendant may waive the request for hearing at any
				  time before the administrative order is final. If the defendant requests a
				  waiver after the notice of hearing is issued, the judge will enter an order
				  accepting the waiver.
(b)
				  Rescission of Notice of Suspension. If, after issuing a notice of hearing, DPS
				  rescinds a notice of suspension, it shall immediately inform SOAH and the
				  defendant of the rescission. A judge may, on his or her own motion, dismiss the
				  case from its docket once the notice of suspension has been
				  rescinded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.205 - General Request for Relief

Current through Reg. 49, No. 28; July 12, 2024
After a hearing has been scheduled before SOAH, any party
					 making a request that requires an interim order must file a motion that
					 describes the relief requested. The motion must contain a certificate of
					 service and a certificate of conference stating whether the opposing party has
					 agreed to the request. Motions must be filed no later than five days before the
					 hearing date, but for good cause demonstrated in the motion, the judge may
					 consider a motion filed after that time or presented orally at a
					 hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.207 - Continuances

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for continuance will be
				  considered in accordance with the provisions of Texas Transportation Code
				  §
										RSA
				  524.032(b) and (c) (relating
				  to rescheduling a hearing upon a defendant's request), §524.039 (relating
				  to appearance of technicians), and Texas Transportation Code §
										RSA
				  724.041(g). DPS shall
				  immediately notify SOAH of a continuance request under Texas Transportation
				  Code §
										RSA
				  524.032(b).
(b) A judge may grant a continuance if a
				  subpoenaed witness is unavailable for the hearing.
(c) The granting of continuances shall be in
				  the sound discretion of the judge, provided however, that the judge shall
				  expedite the hearings whenever possible. A party requesting a continuance shall
				  supply three dates on which the parties will be available for rescheduling of
				  the hearing. The judge will consider these dates in resetting the case. Failure
				  to include a certificate of service, a certificate of conference, and three
				  alternative dates may result in denial of the continuance request or subsequent
				  continuance requests in the same case.
(d) With the exception of a hearing that is
				  rescheduled in accordance with Texas Transportation Code §
										RSA
				  524.032(b), no party is
				  excused from appearing at a hearing until notified by SOAH that a motion for
				  continuance has been granted.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.209 - Participation by Telephone or Videoconference

Current through Reg. 49, No. 28; July 12, 2024
(a) Consent of the parties. The judge may,
				  with consent of the parties and if SOAH has been notified of a telephone or
				  videoconference hearing request at least 14 days prior to the hearing date,
				  conduct all or part of the hearing on the merits by telephone or
				  videoconference if each participant in the hearing has an opportunity to
				  participate in and hear the entire proceeding. The judge may conduct all or
				  part of a hearing on preliminary matters by telephone or videoconference, on
				  the judge's own motion, if each participant has an opportunity to participate
				  in and hear the entire proceeding.
(b) Before a witness is allowed to give
				  testimony by telephone, the judge will confirm that the witness is the person
				  he or she has been represented to be.
(c) Procedural Rights and Duties. All
				  substantive and procedural rights and duties apply to telephone or
				  videoconference hearings, subject only to the limitations of the physical
				  arrangement. The parties shall notify SOAH of their telephone or
				  videoconference numbers for the purpose of their appearances at the hearing.
				  The parties shall contact their respective witnesses to assure their
				  availability at the hearing.
(d)
				  Documentary evidence. To be offered in a telephone or videoconference hearing,
				  copies of exhibits should be marked and must be filed with SOAH and all parties
				  no later than two business days prior to the scheduled hearing, unless
				  otherwise agreed by the parties. If a witness, in preparation for or during
				  testimony, reviews any document that has not been prefiled and the opposing
				  party requests an opportunity to review the document, the judge may go off the
				  record and allow the witness to read the document to the opposing
				  party.
(e) Default. For a telephone
				  or videoconference hearing, the following may be considered a failure to appear
				  and grounds for default, if the conditions exist for more than ten minutes
				  after the scheduled time for hearing:
(1)
				  failure to answer the telephone or videoconference line;
(2) failure to free the line for the
				  proceeding; or
(3) failure to be
				  ready to proceed with the hearing or a prehearing or post-hearing conference,
				  as scheduled.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.211 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures.
(1) Hearings shall be conducted in accordance
				  with the APA, Texas Government Code, Chapter 2001, when applicable, and with
				  this chapter, provided that if there is a conflict between the APA and this
				  chapter, this chapter shall govern. If a conflict exists between this chapter
				  and the Texas Transportation Code, Chapters 522, 524, or 724, and these rules
				  cannot be harmonized with those chapters, the applicable Texas Transportation
				  Code provision controls.
(2) Once
				  the hearing has begun, the parties may be off the record only when the judge
				  permits. If a discussion off the record is pertinent, the judge will summarize
				  it for the record.
(3) In the
				  interest of justice and efficiency, the judge may question witnesses.
(4) The judge shall exclude testimony or any
				  evidence which is irrelevant, immaterial, or unduly repetitious.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter E - HEARING AND PREHEARING › Section 159.213 - Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon proof by DPS that notice of the
				  hearing on the merits was sent to defendant's or, if defendant has legal
				  representation, to defense counsel's last known address, and that
				  notwithstanding such notice, defendant failed to appear, defendant's right to a
				  hearing on the merits is waived. A rebuttable presumption that proper notice
				  was given to defendant may be established by the introduction of a notice of
				  hearing dated not less than 11 days prior to the hearing date and addressed to
				  defendant's or defense counsel's last known address, as reflected on
				  defendant's notice of suspension, request for hearing, driving record or
				  similar documentation presented by DPS. Under those circumstances, the judge
				  will proceed in defendant's absence and enter a default order upon DPS's
				  motion.
(b) Within ten business
				  days of the default, the defendant may file a written motion with SOAH and DPS
				  requesting that the default order be vacated because the defendant had good
				  cause for failing to appear. In the motion, the defendant must state whether
				  DPS opposes the motion, and if DPS does oppose the motion, list dates and times
				  for a hearing on the motion that are agreeable to both parties. Whether or not
				  DPS opposes the motion, the judge may rule on the motion without setting a
				  hearing or may set a hearing to consider the motion. A hearing on a motion to
				  vacate a default order may be held by telephone conference call. If the judge
				  finds good cause for the defendant's failure to appear, the judge shall vacate
				  the default order and reset the case for a hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter F - DISPOSITION OF CASE › Section 159.251 - Hearing Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) If the judge
				  finds that DPS proved the requisite facts as specified in Texas Transportation
				  Code §§
										RSA
				  522.105,
				  RSA
				  524.035, or
				  RSA
				  724.042 by a preponderance of the evidence,
				  the judge shall grant DPS's petition.
(b) If the judge finds that DPS did not prove
				  all of the requisite facts by a preponderance of the evidence, the judge shall
				  deny DPS's petition, and DPS shall not be authorized to suspend or deny the
				  defendant's license or disqualify the defendant from receiving a license for
				  the conduct at issue.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter F - DISPOSITION OF CASE › Section 159.253 - Decision of the Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  conclusion of the hearing, the judge shall issue a written decision that
				  includes findings of fact and conclusions of law.
(b) The decision of the judge is final and
				  appealable. No party shall file a motion for rehearing with SOAH.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 159 - RULES OF PROCEDURE FOR ADMINISTRATIVE LICENSE SUSPENSION HEARINGS › Subchapter F - DISPOSITION OF CASE › Section 159.255 - Appeal of Judge's Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  record on appeal shall consist of the following:
(1) the first file-marked or stamped copy of
				  all parties' motions or other pleadings;
(2) all written orders or decisions issued by
				  the judge and any evidence of transmittal to the parties;
(3) all exhibits admitted into
				  evidence;
(4) all exhibits not
				  admitted into evidence but made a part of the record by a party as an offer of
				  proof or bill of exceptions; and
(5) a transcription of the proceedings
				  electronically recorded by SOAH.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter A - VENDOR PROTESTS OF PROCUREMENTS › Section 160.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this chapter is
				  to provide an internal protest procedure to be used by vendors to address
				  protests of procurements by the State Office of Administrative
				  Hearings.
(b) Definitions. The
				  following words and terms, when used in this chapter, shall have the following
				  meanings:
(1) SOAH --The State Office of
				  Administrative Hearings.
(2)
				  Interested party or parties --Vendors who submitted bids or proposals for the
				  contract or solicitation involved in the protest.
(3) Vendor -- An actual or prospective
				  bidder, offeror, proposer, or contractor aggrieved by a procurement action by
				  the State Office of Administrative Hearings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter A - VENDOR PROTESTS OF PROCUREMENTS › Section 160.2 - Filing the Bid Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) The protest
				  must be submitted in writing and must be mailed or hand-delivered to the office
				  of SOAH's Chief Operating Officer or designee and received:
(1) by the end of the posted solicitation
				  period, if the protest concerns the solicitation documents or actions
				  associated with the publication of solicitation documents;
(2) on or before the proposed date of award
				  of a contract as posted for the solicitation, if the protest concerns the
				  evaluation or method of evaluation for a solicitation; or
(3) no later than 10 calendar days after the
				  notice of award, if the protest concerns the award.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter A - VENDOR PROTESTS OF PROCUREMENTS › Section 160.3 - Action by the Chief Operating Officer or Designee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Chief Operating Officer or designee
				  will review the formal protest. Upon receipt of a protest, the Chief Operating
				  Officer or designee may:
(1) dismiss the
				  protest, if it is not timely or does not meet the requirements of SOAH's bid
				  protest procedures;
(2) solicit
				  written responses to the protest from interested parties or other affected
				  vendors; or
(3) attempt to settle
				  and resolve the protest by mutual agreement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter A - VENDOR PROTESTS OF PROCUREMENTS › Section 160.4 - Appeal to the Chief Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) If a protest is based on a solicitation
				  or contract award, the protesting party may appeal a determination of a protest
				  to the Chief Administrative Law Judge. An appeal to the Chief Administrative
				  Law Judge must be in writing and received by the Chief Administrative Law
				  Judge's office not later than 10 calendar days after the date the Chief
				  Operating Officer or designee sent written notice of their determination. The
				  scope of the appeal is limited to review of the Chief Operating Officer's or
				  designee's determination. The protesting party must mail or deliver to the
				  other interested parties a copy of the appeal, which must contain a certified
				  statement that such copies have been provided.
(b) The Chief Administrative Law Judge may
				  refer the matter to a designee for consideration or issuance of a written
				  decision that resolves the protest.
(c) A protest or appeal that is not filed
				  timely or that does not meet the requirements of SOAH's protest procedures will
				  not be considered unless good cause for delay is shown or it is determined, in
				  the sole discretion of the Chief Administrative Law Judge or designee, that a
				  protest or appeal raises issues significant to the agency's procurement
				  practices or procedures.
(d) A
				  written decision issued by the Chief Administrative Law Judge or designee is
				  the final administrative action of the agency regarding the protest and
				  appeal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter A - VENDOR PROTESTS OF PROCUREMENTS › Section 160.5 - Bid Protest Related to Vendor Performance Review

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH is required by Sections
				  RSA
				  2155.089 and
				  RSA
				  2262.055 of the Texas Government Code to
				  review a vendor's performance under a contract after the contract is completed
				  or otherwise terminated. Vendor performance must be reported to the comptroller
				  using the comptroller's tracking system to rate vendors on an A through F
				  scale, with A being the highest grade.
(b) A vendor who receives a grade lower than
				  a C in the vendor performance tracking system may file a protest regarding the
				  lower grade assigned to the vendor in the system. For protests related to the
				  rating or score for a vendor performance review, SOAH will comply with the
				  applicable statutes, rules, and written policies and guidelines issued by the
				  comptroller.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter A - VENDOR PROTESTS OF PROCUREMENTS › Section 160.6 - Standards for Maintaining Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH shall maintain sufficient records
				  and reports to facilitate compliance with applicable law, including:
(1) each contract entered into SOAH;
(2) all contract solicitation
				  documents related to the contract;
(3) all documents that reflect and identify
				  the basis for decisions relating to a procurement, including actions taken that
				  deviate from requirements or recommendations in the state procurement manual or
				  contract management guide;
(4) all
				  purchase orders, change orders, and invoices associated with the contract;
(5) all contract amendments,
				  renewals, or extensions executed by the agency; and
(6) all other documents necessary to record
				  the full execution and completion of each contract.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 160.10 - Employee Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The agency may use state funds to provide education and training for its
				  employees in accordance with the State Employees Training Act (Texas Government
				  Code §§
										RSA
				  656.041 -
				  RSA
				  656.104) .
(b) The education or training shall be
				  related to the employee's current position or prospective job duties within the
				  agency.
(c) The agency's education
				  and training program benefits both the agency and the employees participating
				  by:
(1) preparing for technological and legal
				  developments;
(2) increasing work
				  capabilities;
(3) increasing the
				  number of qualified employees in areas for which the agency has difficulty in
				  recruiting and retaining employees; and
(4) increasing the competence and
				  professionalism of agency employees.