reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 7 - TEXAS FINANCIAL EDUCATION ENDOWMENT FUND › Section 7.101 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applicability. This chapter governs the administration of the Texas Financial
				Education Endowment (TFEE) fund as provided by Texas Finance Code, §
									RSA
				393.628.
(b) Purpose. The purpose of this chapter is
				to provide guidelines regarding the administration of the TFEE fund, which
				serves to support statewide financial education and consumer credit building
				activities and programs in Texas.
(c) TFEE fund. The TFEE fund consists of
				assessments paid by credit access business applicants and license holders, as
				well as gifts and donations contributed to the fund to fulfill TFEE or consumer
				credit educational purposes as provided in § 7.104 of this title (relating
				to TFEE Gifts and Donations).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 7 - TEXAS FINANCIAL EDUCATION ENDOWMENT FUND › Section 7.102 - TFEE Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Finance commission and Office of Consumer Credit Commissioner (OCCC). The
				finance commission administers all aspects of TFEE, including the grant
				program, gifts, donations, funding and policy decisions. The OCCC is
				responsible for collection of assessment fees, disbursement and tracking of
				TFEE funds, and maintaining financial records of revenue, expenditures, and
				reconciliation of funds. The Consumer Credit Commissioner (commissioner) or the
				commissioner's designee serves as the investment officer appointed by the
				finance commission to maintain compliance, accept gifts and donations, and
				invest TFEE funds. The commissioner may designate a person to execute grant
				agreements.
(b) Grant Advisory
				Committee (GAC) and grant coordinator. The GAC serves in an advisory role and
				makes program recommendations to the grant coordinator and finance commission
				audit committee regarding TFEE administration. The grant coordinator serves
				under the direction of the commissioner, provides information regarding grant
				activity to the GAC and finance commission, and serves as the liaison between
				grantees and the GAC.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 7 - TEXAS FINANCIAL EDUCATION ENDOWMENT FUND › Section 7.103 - TFEE Grant Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Grant cycle. The TFEE fund may have one competitive grant cycle every two
				years.
(1) Funding determination. The grant
				funding determination is made by December 31 of each odd-numbered year.
(2) Programming cycle. A new TFEE
				grant programming cycle may open on January 1 of every even-numbered year. An
				applicant may choose to apply for a one-year grant programming cycle, or a
				two-year grant programming cycle. The grant programming cycle for a one-year
				grantee begins on January 1 and ends on December 31 of the even-numbered year
				for the applicable cycle. The grant programming cycle for a two-year grantee
				begins on January 1 of the even-numbered year and ends on December 31 of the
				following odd-numbered year for the applicable cycle.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 7 - TEXAS FINANCIAL EDUCATION ENDOWMENT FUND › Section 7.104 - TFEE Gifts and Donations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Authorized gifts and donations.
(1) TFEE
				purpose. Under Texas Finance Code, §
										RSA
				393.628(d), the finance
				commission may solicit gifts, grants, and donations that fulfill the purpose of
				TFEE to support statewide financial education and consumer credit building
				activities and programs in this state, including the specific purposes provided
				by Texas Finance Code, §
										RSA
				393.628(c).
(2) Consumer credit educational purpose.
				Under Texas Finance Code, §
										RSA
				14.105(a), the commissioner
				may accept gifts, grants, and donations on behalf of the state for a purpose
				related to a consumer credit educational opportunity, unless prohibited by
				Texas Finance Code, §
										RSA
				14.105(b) or other law. A
				consumer credit educational opportunity is also considered to be a consumer
				credit building activity under TFEE.
(3) From state agencies. Under Texas Finance
				Code, §
										RSA
				393.628(e), the finance
				commission may partner with other state agencies to administer the TFEE fund,
				including the acceptance of gifts and donations from other state agencies, for
				the purposes outlined in paragraphs (1) and (2) of this subsection.
(4) From other parties. Gifts and donations
				from parties other than state agencies must meet the same criteria required for
				grantees eligible under § 7.103(b) of this title (relating to TFEE Grant
				Program).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 7 - TEXAS FINANCIAL EDUCATION ENDOWMENT FUND › Section 7.105 - TFEE Fund Management

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Finance Code, §
									RSA
				  393.628(b), TFEE funds will
				  be remitted to the comptroller for deposit in the Texas Treasury Safekeeping
				  Trust Company. TFEE funds may be invested and reinvested in the same manner as
				  funds of the Employees Retirement System of Texas under Texas Government Code,
				  Chapter 815, Subchapter D.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter A - GENERAL › Section 9.1 - Application, Construction, and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter governs contested case
				  hearings conducted by an administrative law judge employed or contracted by an
				  agency. All contested case hearings conducted by the State Office of
				  Administrative Hearings (SOAH) are governed by SOAH's procedural rules found at
				  Title 1, Chapter 155 of the Texas Administrative Code and §
										RSA
				  9.12(b) of this title
				  (relating to Default).
(b) The same
				  rules of construction that apply to interpretation of Texas statutes and codes,
				  the definitions in Government Code, §
										RSA
				  2001.003, and the definitions in subsection
				  (c) of this section govern the interpretation of this chapter. If any section
				  of this chapter is found to conflict with an applicable and controlling
				  provision of other state or federal law, the section involved shall be void to
				  the extent of the conflict without affecting the validity of the rest of this
				  chapter.
(c) The following words
				  and terms, when used in this chapter, have the following meanings, unless the
				  context clearly indicates otherwise:
(1)
				  Administrative law judge--The hearings officer employed by or contracted by an
				  agency to conduct administrative hearings for the finance commission, the
				  department of banking, the department of savings and mortgage lending, and the
				  office of consumer credit commissioner.
(2) Agency--The finance commission, the
				  department of banking, the department of savings and mortgage lending, or the
				  office of consumer credit commissioner.
(3) Agency head(s)--Finance commission
				  members, the banking commissioner, the savings and mortgage lending
				  commissioner, or the consumer credit commissioner, or a designee if authorized
				  by law.
(4) Applicant--A party
				  seeking a license, registration, charter, or permit, or to amend its authority
				  under an existing license, registration, charter or permit, or other action
				  from an agency.
(5) Protestant--A
				  party opposing an application for a license, registration, charter, permit, or
				  other action filed with an agency who has paid any filing fees required by an
				  applicable law.
(6) Respondent--A
				  permittee, licensee, registrant, charter holder, or other party against whom a
				  disciplinary proceeding is directed by an agency.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter A - GENERAL › Section 9.2 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Insofar as
				  practicable and except as otherwise provided in this chapter, procedure in
				  contested case hearings will be in accordance with the Texas Rules of Civil
				  Procedure. References in the Texas Rules of Civil Procedure to the "court" or
				  the "judge" will be construed as references to the administrative law judge as
				  the context may require. All documents required by the Texas Rules of Civil
				  Procedure to be filed with the clerk must be filed with the administrative law
				  judge or with a person designated by the administrative law judge.
(b) The agency with jurisdiction over a
				  particular case is a party to that case through its attorney of record. The
				  agency attorney must be served with copies of all notices, orders, pleadings,
				  motions, and correspondence, notified of all hearings and conferences, and has
				  full rights to participate at all stages of the case.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter A - GENERAL › Section 9.3 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
A person may not conduct oral or written communications
					 with the administrative law judge regarding an issue of law or fact in a
					 contested case other than on notice to all parties with an opportunity to
					 participate or as otherwise authorized by law. Letters to the administrative
					 law judge must show that copies have been sent to all parties (through counsel
					 if a party is represented by counsel).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.13 - Appearances and Representation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Because contested case procedures are closely modeled upon those used in a
				  court of law, the agency strongly urges but does not require parties to employ
				  attorneys for representation. Only licensed attorneys may file pleadings, make
				  written or oral arguments or objections to evidence, or examine witnesses in
				  agency hearings, except that:
(1) a natural
				  person may appear "pro se" (without an attorney) in his or her own
				  behalf;
(2) a company or an
				  employee of the company may appear through a bona fide officer or employee of
				  the company even if the representative is not a lawyer; and
(3) a party may appear through an
				  out-of-state attorney, qualified law student, or an unlicensed law school
				  graduate under the same conditions as would govern an appearance by the
				  representative in state court.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.14 - Protests

Current through Reg. 49, No. 28; July 12, 2024
Protests shall be allowed to the extent authorized by law
					 applicable to each agency and type of proceeding. A protestant must include a
					 certificate of service on any protest showing that a copy has been served on
					 the applicant. Every protest must be accompanied by any filing fees required by
					 law.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.15 - Party Status; Participation by General Public

Current through Reg. 49, No. 28; July 12, 2024
(a) Every person or entity named or admitted
				  as a party to a contested case has an equal right to participate fully in all
				  stages of the proceeding.
(b) Party
				  status is limited to persons or entities with a legal right, duty, privilege,
				  power, or economic interest that may be directly affected by the outcome of the
				  proceeding or who are entitled to be parties pursuant to a statute or
				  regulation governing the particular proceeding.
(c) Party status will not be conferred on
				  persons or entities that:
(1) only have an
				  interest in the outcome of the proceeding that is common to members of the
				  general public;
(2) seek to
				  litigate issues that are not by statute or regulation made part of the
				  administrative proceeding in which party status is sought; or
(3) are not among the persons or entities
				  described by statute or regulation as eligible to participate in the particular
				  type of administrative proceeding in which party status is sought.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.16 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  pleadings in agency hearings consist of such applications, protests, notices,
				  or requests for hearing as are required under the substantive law governing
				  each particular type of proceeding.
(b) When an application for an original
				  license or renewal license has been denied based on the applicant's criminal
				  history, the applicant shall have the burden of pleading and proving
				  affirmative defenses to establish that the applicant is entitled to the license
				  under Chapter 53 of the Occupations Code (related to the collateral
				  consequences of a criminal conviction) or any mitigating facts related to the
				  applicant's convictions or deferred adjudications.
(c) In addition, a party may file such other
				  pleadings as the party considers appropriate to fully explain and present the
				  party's side of the case. A party who wishes to raise an "affirmative defense"
				  as defined in Texas Rules of Civil Procedure, Rule 94, must notify the agency
				  in writing at least seven days before the hearing unless the administrative law
				  judge allows a shorter notification period pursuant to Texas Rules of Civil
				  Procedure, Rule 63.
(d) If a
				  pleading is so vague or ambiguous that a party is unable to fully understand
				  what is intended to be placed in issue, the party may move for a more definite
				  statement and the administrative law judge shall grant the motion if it is well
				  taken and direct that a more definite statement be made.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.17 - Motions, Pleas and Other Written Requests for an Order or Ruling

Current through Reg. 49, No. 28; July 12, 2024
(a) A party
				  applying to the administrative law judge for an order or ruling shall do so by
				  written motion, plea, or other form of written request unless an oral motion,
				  plea, or request is made during a hearing, conference, or telephone conference
				  call of which all parties had advance notice with a reasonable opportunity to
				  participate. The parties shall send copies of all pleadings and responses
				  subject to this section to one another (through their attorneys if represented
				  by counsel), and shall include a certificate of service on such documents
				  attesting they have done so. Each pleading subject to this section shall
				  specify the grounds on which the relief or order is sought and the legal basis
				  for the relief or order.
(b) The
				  administrative law judge shall allow all parties a reasonable amount of time to
				  be heard before ruling on a pleading subject to this section unless the
				  pleading is for:
(1) a continuance or an
				  extension of time due to an emergency and reasonable attempts to reach opposing
				  counsel have been unsuccessful;
(2)
				  an order to which all parties have agreed; or
(3) a temporary emergency order until a
				  hearing can be held.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.18 - Issuance of Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
On the administrative law judge's own motion or on the
					 written request of a party to a contested case pending before one of the
					 finance commission agencies, the administrative law judge may issue a subpoena
					 addressed to the sheriff or to a constable to require the attendance of a
					 witness or the production of books, records, papers, or other objects that may
					 be necessary and proper for the purposes of a proceeding if:
(1) good cause is shown; and
(2) for a subpoena requested by a party to a
				  contested case, an amount is deposited that will reasonably ensure payment of
				  the amounts estimated to be due under Government Code, §
										RSA
				  2001.103.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.19 - Continuances

Current through Reg. 49, No. 28; July 12, 2024
Motions for continuance must be in writing and filed not
					 less than five calendar days prior to the hearing, except for good cause shown.
					 Motions must set forth the specific grounds upon which the moving party seeks
					 continuance, make reference to all similar motions filed in the case, and state
					 whether all parties agree with the continuance. The administrative law judge
					 may not grant a continuance without consultation with all parties except in the
					 event of an emergency after a bona fide effort to reach other parties to the
					 case has been unsuccessful.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.20 - Prehearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Sua sponte
				  or on the motion of any party, the administrative law judge may direct that the
				  parties or their authorized representatives appear at a prehearing conference
				  to consider any of the matters specified in Rule 166, Texas Rules of Civil
				  Procedure (other than those matters having to do with trial by jury).
(b) In the administrative law judge's
				  discretion, the prehearing conference may be formal or informal, may be
				  conducted in person or by telephone, and may be conducted with or without a
				  court reporter. In the event that no court reporter is used, the administrative
				  law judge shall prepare or may direct the parties to prepare a memorandum
				  encompassing any agreements reached and decisions made.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.21 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may use
				  all permissible forms of discovery authorized in the Texas Rules of Civil
				  Procedure in accordance with and subject to the limitations provided therein. A
				  party may apply to the administrative law judge for issuance of a commission to
				  take a deposition only if the parties disagree on its scheduling or scope.
				  Procedures for obtaining a ruling on objections or on a motion to compel
				  compliance with discovery must comply with the Rule of Civil Procedure that
				  relates to the particular form of discovery on which a ruling is
				  sought.
(b) A motion regarding
				  discovery must contain a certificate that efforts to resolve the discovery
				  dispute without intervention by the administrative law judge have been
				  attempted and failed.
(c) Due to
				  space limitations, parties should not file a discovery document with the
				  administrative law judge unless the document contains information material to
				  an issue upon which a ruling is requested or is to be introduced into
				  evidence.
(d) In the interest of
				  justice and for good cause shown, the administrative law judge may enter a
				  discovery order superceding a rule of discovery that might otherwise be
				  applicable.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.22 - Protective Orders; Motions To Compel

Current through Reg. 49, No. 28; July 12, 2024
All exemptions and privileges recognized under Texas law
					 are recognized in agency hearings to the same extent as they are recognized in
					 civil cases in the courts of this state. If a party or witness is asked to
					 reveal privileged material or conversations, the party may make a motion with
					 the administrative law judge for such protective orders as are reasonable and
					 necessary or may refuse to provide the information and assert the privilege in
					 response to a motion to compel. The administrative law judge shall hold such
					 hearings and issue such orders on motions to compel or requests for protective
					 orders as are required by the law applicable to the facts and circumstances of
					 the case.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.23 - Summary Judgment

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time
				  after a notice of hearing is issued, a party may move for a summary judgment on
				  all or any part of a claim or defense.
(b) Except as set out in this section, the
				  finance commission agencies adopt, by reference, the summary judgment procedure
				  in Rule 166a, Texas Rules of Civil Procedure. In addition, the following
				  requirements shall also apply:
(1) The
				  administrative law judge shall hear oral argument on all motions for summary
				  judgment unless the judge expressly waives this requirement.
(2) Before filing the motion, the party
				  moving for summary judgment, in consultation with the administrative law
				  judge's clerk, must schedule the motion for submission on oral argument at
				  least 21 days after the date on which it is filed. If there is an applicable
				  statutory deadline by which the agency must hold a hearing, the submission date
				  must be within the deadline unless it has been waived by both
				  parties.
(3) The party moving for
				  summary judgment must serve on all opposing parties, with a copy of the motion
				  for summary judgment, a notice containing the following information:
(A) the time, date, and place when the
				  administrative law judge will hear oral argument on the motion;
(B) disclosure that any party opposing the
				  motion must file affidavits, other written material, and any cross-claims or
				  counterclaims, with the administrative law judge by the close of business seven
				  days before the date of submission on oral argument;
(C) disclosure that the administrative law
				  judge may take the allegations in the motion as true unless contested by
				  opposing parties through affidavits or other written material; and
(D) disclosure that the administrative law
				  judge will not hear any oral testimony related to the motion.
(4) If one of the agencies files
				  the motion for summary judgment, the agency head or the administrative law
				  judge must sign the notice.
(5) In
				  the administrative law judge's discretion, the judge may set the motion for
				  summary judgment on the same date as an evidentiary hearing scheduled in the
				  cause which is the subject of the motion for summary judgment.
(6) The administrative law judge's proposal
				  for decision recommending summary judgment shall be circulated for exceptions,
				  replies to exceptions, and the filing of briefs before it is sent to the agency
				  heads in compliance with §
											RSA 9.34
				  of this title (relating to Post-hearing Proceedings).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.26 - Applicability of Texas Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Rules of Evidence, as applied
				  in non-jury cases in the courts of Texas, apply in contested cases under this
				  subchapter. The administrative law judge shall exclude irrelevant, immaterial,
				  or unduly repetitious evidence. When necessary to ascertain facts not
				  reasonably susceptible of proof under those rules, the administrative law judge
				  may admit evidence not admissible under those rules, except where precluded by
				  law, if of a type commonly relied upon by reasonably prudent persons in the
				  conduct of their affairs. Letters and affidavits are not admissible into
				  evidence in contested case hearings unless they satisfy an exception to the
				  hearsay rule or come into evidence without objection.
(b) In cases arising under Occupations Code,
				  Chapter 53 (related to consequences of criminal conviction), letters of
				  recommendation will be considered by a finance agency if submitted during the
				  investigative stage of the licensing proceeding but will not be admitted into
				  evidence at the hearing unless the letter satisfies an exception to the hearsay
				  rule or comes into evidence without objection. A party must arrange to have all
				  character witnesses give testimony in person or, with advance notice to
				  opposing counsel, by phone pursuant to and in accordance with §
										RSA 9.32 of
				  this title (relating to Telephone Hearings).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.27 - Facts Not Reasonably Susceptible of Proof under Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
The administrative law judge will treat the Texas
					 Administrative Procedure Act exception under Government Code, §
										RSA
					 2001.081 (providing for the admission of
					 evidence "not admissible under the Texas Rules of Evidence if of a type
					 commonly relied upon by reasonably prudent persons in the conduct of their
					 affairs"), as identical to Federal Rule of Evidence 807, i.e., the
					 administrative law judge will admit evidence pursuant to this exception only if
					 the administrative law judge finds that:
(1) although not covered by any of the
				  exceptions listed in Rule 803, Texas Rules of Evidence, the statement has
				  equivalent circumstantial guarantees of trustworthiness to the exceptions
				  listed in the rule;
(2) the fact
				  the statement is offered to prove is material;
(3) the statement is more probative on the
				  point for which it is offered than any other evidence that the proponent can
				  procure through reasonable efforts;
(4) the interests of justice will be served
				  by the statement's admission into evidence; and
(5) a reasonable time before the hearing, the
				  statement's proponent furnished opposing parties with a copy of the statement
				  and the name and address of the declarant (or information regarding where the
				  statement was published) and of the intent of the statement's proponent to
				  introduce the statement into evidence at the hearing so that opposing parties
				  had a fair opportunity to anticipate the statement and rebut, explain, or
				  contest it.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.28 - Prefiled Testimony

Current through Reg. 49, No. 28; July 12, 2024
On the judge's own motion, or the motion of any party, the
					 administrative law judge may omit oral presentation of the direct testimony of
					 any witness and may allow prefiled written testimony to be presented in its
					 place. The written testimony carries the same force and effect as though stated
					 orally by the witness; provided that the witness must be present at the hearing
					 at which such testimony is offered and adopt such testimony under oath, and
					 must be made available for cross-examination. Written reports of agency
					 investigations on fact issues, if offered into evidence in a hearing in which
					 the facts covered by the report are directly at issue, will be treated as
					 prefiled testimony and the investigator must be made available for
					 cross-examination unless the investigator is unavailable to the agency as a
					 witness or unless the report comes into evidence without objection. If the
					 investigator is unavailable to the agency as a witness, the report shall be
					 admissible under Rule 803, Texas Rules of Evidence if it meets the requirements
					 for admission into evidence under that rule. For purposes of this section
					 "unavailability as a witness" has the same meaning as in Rule 804(a), Texas
					 Rules of Evidence.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.29 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
Parties may by written stipulation, or by oral stipulation
					 on the record, agree upon the facts and their stipulation may be regarded and
					 used as evidence at the hearing. The administrative law judge in such cases may
					 require any additional evidence necessary to establish the facts to the
					 administrative law judge's satisfaction.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.30 - Official Notice

Current through Reg. 49, No. 28; July 12, 2024
The administrative law judge may take official notice of
					 judicially cognizable facts, and of generally recognized facts within the area
					 of the agency's specialized knowledge. A party that desires the administrative
					 law judge to take official notice of particular facts must make a motion that
					 the administrative law judge do so, stating with specificity the facts,
					 material, records, or documents encompassed in the motion. A party who opposes
					 the motion will have the opportunity to contest the requested action. The
					 administrative law judge may also sua sponte take official notice of facts,
					 material, records, or documents on giving the parties an opportunity to contest
					 the facts, material, records, or documents to be officially
					 noticed.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.31 - Reporters and Transcripts

Current through Reg. 49, No. 28; July 12, 2024
In all proceedings when requested by the administrative law
					 judge, the agency, or by any party, a court reporter shall make a stenographic
					 record of the hearing.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.32 - Telephone Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Sua sponte
				  or on motion of any party and a showing of good cause, after reasonable notice
				  to all parties to allow them to object and argue against the procedure, the
				  administrative law judge may conduct all or part of a hearing by telephone or
				  other electronic means. In determining whether to allow testimony by telephone
				  or other electronic means, the administrative law judge shall consider all
				  relevant factors including whether the motion is opposed, the cost and
				  feasibility of the witness being present at the hearing instead of appearing by
				  telephone or other electronic means, the nature and duration of the expected
				  testimony, the nature of any exhibits expected to be introduced through the
				  witness, whether there is a good reason that the witness is unavailable to
				  testify in person, and the extent to which the demeanor and credibility of the
				  witness are likely to be significant factors in weighing the witness'
				  testimony. In deciding a motion under this section, the administrative law
				  judge shall ensure that substantive and procedural rights of all parties are
				  respected.
(b) Documentary evidence
				  to be offered during a telephone hearing must be delivered by the proponent to
				  all parties and to the administrative law judge prior to hearing.
(c) In a telephone hearing, the
				  administrative law judge may consider the following as a failure to appear if
				  the conditions exist for more than 20 minutes after the scheduled time for
				  hearing:
(1) failure to answer the
				  telephone;
(2) failure to free the
				  telephone for a hearing; or
(3)
				  failure to be ready to proceed with the hearing as scheduled.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.33 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
The administrative law judge may arrange for the services
					 of a qualified mediator to work with the parties and attempt to bring about a
					 settlement. The administrative law judge may assess costs of the mediator's
					 services against the parties in the same manner as other costs or may require
					 advance payment. The mediation ends when successful or when a party decides
					 that such party no longer wishes to participate in the mediation. The parties
					 shall immediately inform the administrative law judge when the mediation ends.
					 An offer to compromise or a statement made during mediation may not be admitted
					 into evidence or considered for any purpose in the hearing of a case in which
					 mediation was attempted.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.35 - Dismissal

Current through Reg. 49, No. 28; July 12, 2024
Following notice to all affected parties and the
					 opportunity for hearing, the administrative law judge with the consent of the
					 agency head may dismiss any contested case, with or without prejudice, under
					 such conditions and for such reasons as are found just and reasonable,
					 including the following:
(1) failure
				  to prosecute;
(2) unnecessary
				  duplication of proceedings or res judicata;
(3) withdrawal;
(4) moot questions or obsolete
				  petitions;
(5) lack of
				  jurisdiction;
(6) abuse of
				  discovery;
(7) refusal to observe
				  proper decorum or obey orders of the administrative law judge made within the
				  scope of authority; or
(8) if
				  necessary in the interest of justice.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.36 - Disruption of Hearing

Current through Reg. 49, No. 28; July 12, 2024
To preserve decorum and ensure the orderly administration
					 of hearings conducted on behalf of the finance commission agencies, the
					 administrative law judge may expel a person from a contested case hearing and
					 impose appropriate sanctions if that person engages in conduct that disrupts
					 the hearing.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.37 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Sua sponte or
				  on motion of a party and after notice and an opportunity for a hearing and
				  subject to approval by the agency head on behalf of which the hearing is being
				  conducted, the administrative law judge may impose appropriate sanctions as
				  provided by subsection (b) of this section against a party or its
				  representative for:
(1) filing a motion or
				  pleading that is groundless and brought:
(A)
				  in bad faith;
(B) for the purpose
				  of harassment; or
(C) for any other
				  improper purpose, such as to cause unnecessary delay or needless increase in
				  the cost of the proceeding;
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.38 - Recovery of Agency Costs

Current through Reg. 49, No. 28; July 12, 2024
The administrative law judge may allocate costs incurred by
					 the agency among the parties in accordance with applicable law. Notwithstanding
					 any other provision of agency rules, the administrative law judge may impose
					 costs that are solely or primarily attributable to a particular party against
					 that party.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter B - CONTESTED CASE HEARINGS › Section 9.39 - Disposition of Exhibits

Current through Reg. 49, No. 28; July 12, 2024
The agency may dispose of exhibits after a case is final in
					 the manner provided in Texas Rules of Civil Procedure, Rule 14b, and the order
					 of the Texas Supreme Court adopted pursuant to Rule 14b effective January 1,
					 1988.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter D - COURT APPEALS › Section 9.71 - Appeals to the Courts

Current through Reg. 49, No. 28; July 12, 2024
Appeals to the courts shall be as provided by statute and
					 applicable case law.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter D - COURT APPEALS › Section 9.72 - Administrative Record

Current through Reg. 49, No. 28; July 12, 2024
The party appealing an agency order to the courts must pay
					 the agency the cost of preparing the copy of the record that is to be
					 transmitted to the reviewing court at rates approved by the Office of the
					 Attorney General. If more than one party appeals the agency's order, the cost
					 of the preparation of the record may be divided equally among the appealing
					 parties or as agreed by the parties.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter E - RULEMAKING › Section 9.81 - Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
Rulemaking proceedings must comply with Government Code,
					 Chapter 2001, Subchapter B (§§2001.021 et seq.).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter E - RULEMAKING › Section 9.82 - Petitions to Initiate Rulemaking Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Petitions to initiate rulemaking
				  proceedings pursuant to Texas Government Code, §
										RSA
				  2001.021, must be submitted to the agency in
				  writing. A petition must include:
(1) a brief
				  explanation of the proposed rule;
(2) the full text of the proposed rule, and,
				  if the petition is to modify an existing rule, the text of the proposed rule
				  prepared in the same manner as an amendment to legislation that clearly
				  identifies any words to be added or deleted from the existing text by
				  underlining new language and striking through language to be deleted;
(3) a concise explanation of the legal
				  authority to adopt the proposed rule, including a specific reference to the
				  particular statute or other authority that authorizes it;
(4) an explanation of how the public would be
				  benefitted by the adoption of the proposed rule;
(5) all available data or information showing
				  a need for the proposed rule;
(6)
				  any request to engage in negotiated rulemaking under § 9.85 of this title
				  (relating to Negotiated Rulemaking); and
(7) such other or additional information as
				  the agency may request.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter E - RULEMAKING › Section 9.83 - Agency Action on Petitions to Initiate Rulemaking Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) When the agency receives a rulemaking
				  petition, the agency shall review it for compliance with the requirements of
				  §
										RSA
				  9.82 of this title (relating to Petitions To
				  Initiate Rulemaking). If the petition is determined to comply, the agency shall
				  notify the applicant that it has been accepted for filing and the petition will
				  be processed in accord with Government Code, §
										RSA
				  2001.021(c). If the petition
				  is determined not to comply, the agency shall notify the applicant in writing
				  of all deficiencies found and give the petitioner an opportunity to cure them
				  by filing an amended petition. If no amended petition curing the deficiencies
				  is filed with the agency by 5:00 p.m. on the 15th day following the date that
				  the agency mailed a notice of deficiencies to the applicant, the petition shall
				  be deemed denied for the reasons stated in the deficiency notice without the
				  necessity of further action.
(b) If
				  a petition is accepted for filing, within 60 days of the date that the petition
				  was accepted for filing, the agency must either deny the petition for reasons
				  stated in writing or initiate a rulemaking proceeding.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter E - RULEMAKING › Section 9.84 - Hearings on Proposed Rules

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The agency shall grant an opportunity for a public hearing before adoption of
				  any proposed rule as required by Government Code, §
										RSA
				  2001.029(b), or other
				  applicable statute.
(b) The hearing
				  may be held by the agency head(s) or by the administrative law judge or by any
				  other person designated by the agency head(s). In the exercise of discretion,
				  the agency head(s) may impose reasonable time limits on presentation of
				  evidence and argument, determine the order of the presentations, and conduct
				  the hearing in a manner suitable to the particular proceeding. Public hearings
				  on proposed rules are neither contested cases nor full legal adversary
				  proceedings. Ex parte prohibitions do not apply.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 9 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS › Subchapter E - RULEMAKING › Section 9.85 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Initiation
				  of process. An agency may propose to engage in negotiated rulemaking process
				  pursuant to Texas Government Code, Chapter 2008 if:
(1) the finance commission votes to initiate
				  a rulemaking proceeding under §
											RSA
				  9.82 of this title (relating to Petitions To
				  Initiate Rulemaking) that includes negotiated rulemaking; or
(2) the agency determines that drafting the
				  proposed rule might benefit from the negotiated rulemaking process.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.1 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the negotiation and mediation of a
					 claim of breach of contract asserted by a contractor against a Finance Unit of
					 state government, under Government Code, Chapter 2260.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Chief administrative
				  officer--The commissioner, executive director, president or other executive
				  officer responsible for the day to day operations of a unit of state
				  government, or that person's designee.
(2) Commission--The Finance Commission of
				  Texas.
(3) Contract Protest
				  Officer--The person or persons assigned by a Finance Unit to resolve disputes
				  over the solicitation, evaluation, or award of a contract.
(4) Contractor--Independent contractor who
				  has entered into a contract directly with a Finance Unit of state government.
				  The term does not include:
(A) A contractor's
				  subcontractor, officer, employee, agent, or other person furnishing goods or
				  services to a contractor;
(B) An
				  employee of a Finance Unit of state government; or
(C) A student at an institution of higher
				  education.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.3 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter are exclusive
					 and required prerequisites to suit under the Civil Practice and Remedies Code,
					 Chapter 107, and the Government Code, Chapter 2260.