reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.27 - Selection of Design Professionals for Construction Projects

Current through Reg. 49, No. 28; July 12, 2024
The Commission is responsible for selecting any private
					 Design Professional retained for a Project. The Commission shall conduct
					 selections of Design Professionals in accordance with Texas Government Code,
					 Chapter 2254, Subchapter A. The Commission shall request that the Using Agency
					 make recommendations regarding private Design Professionals and may include a
					 representative of the Using Agency to observe the selection process. The
					 criteria upon which Design Professionals are evaluated may include, but not be
					 limited to, relevant project experience and qualifications, previous recent
					 project experience relative to budget and schedule compliance, design
					 methodology, quality assurance and quality control, and any other
					 qualifications the Commission deems relevant. Notification to Design
					 Professionals for an interview on a Project shall be provided 30 days prior to
					 the date of the interview. Notification may be provisional based on the Design
					 Professional's selection and be included in the schedule of events in the
					 original solicitation request for qualifications.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.28 - Contractor Qualifications

Current through Reg. 49, No. 28; July 12, 2024
Interested contractors shall submit a Contractor's
					 Qualification Form to the Commission no later than the date set forth in the
					 notice to bidders. Forms are available with bid documents or on the Commission
					 website, under the Division's link to forms. Incomplete forms shall be
					 rejected.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.29 - Bidding Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  Projects are bid competitively or bid using best value alternative delivery
				  methods, and publicly opened in the office designated by the Commission. When
				  Projects are bid using best value alternate delivery methods, the public
				  opening is conducted in accordance with Texas Government Code, § 2269 et
				  seq.
(b) The Commission shall
				  develop detailed operating procedures for the contractor selection and bidding
				  process, including selection for best value alternate delivery
				  methods.
(c) The Commission may
				  require a proposal guaranty for competitive pricing submitted as a response to
				  a request for proposal. The value of the guaranty will be established in the
				  language of the request for proposal document. The guaranty may be in the form
				  of a:
(1) cashier's check or money order drawn
				  on an account with a financial entity determined by the Commission;
(2) bid bond issued by a surety authorized to
				  do business in this state; or
(3)
				  any other method approved by the Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.30 - Construction Contract Award

Current through Reg. 49, No. 28; July 12, 2024
(a) Award of
				  construction contracts will be made by the Commission except in cases of
				  emergency as outlined in §
										RSA
				  123.31(c) of this chapter
				  (relating to Emergency Bidding and Award Procedures). Award will be based upon
				  the best value to the state for bids and proposals received from a qualified
				  bidder.
(b) The Commission shall
				  develop detailed operating procedures for construction contract
				  awards.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.31 - Emergency Bidding and Award Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Emergency Bidding. The Division may issue
				  an advertisement for a bid and let a bid for a period of time less than
				  required by Texas Government Code,
				  RSA
				  2166.253, when an emergency condition
				  requires expedient action.
(b)
				  Emergency conditions. Emergency conditions include, but are not limited to:
(1) preventing undue additional cost to a
				  state agency; or
(2) preventing or
				  removing a hazard to life or property.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.32 - Construction Contract Administration

Current through Reg. 49, No. 28; July 12, 2024
The Division shall develop detailed operating procedures
					 for management of the construction process, which shall focus on administrative
					 procedures, successful compliance with the project schedule and budget, and
					 successful completion of the Project.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.33 - Small Contractor Participation Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
The Commission operates a Small Contractor Participation
					 Assistance Program as set forth in Texas Government Code, §
										RSA
					 2166.258. In the process of developing
					 detailed operating procedures to implement a program in compliance with Texas
					 Government Code, §
										RSA
					 2166.258, the Commission may contract with
					 insurance company(ies), surety company(ies), agent(s), broker(s), or other
					 public or private entities to provide surety technical assistance services for
					 the benefit of small and historically underutilized
					 businesses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.34 - Xeriscaping

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall consult with the Texas Commission on
					 Environmental Quality, the Texas Department of Transportation, the Texas
					 Turfgrass Association, and the Texas Nursery and Landscape Association to
					 develop design guidelines for the required use of xeriscape on state property
					 associated with construction of a new state building.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter D - WAGE RATES › Section 123.43 - Wage Rate Surveys

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission has
				  adopted the prevailing wage rates for the locality as determined by the United
				  States Department of Labor in accordance with the Davis-Bacon Act, if the
				  survey was conducted within three years before the Project in question is to be
				  bid, or the wage determination of the Texas Workforce Commission, or other
				  available sources. For counties designated in Texas Government Code, §
										RSA
				  2258.022(b), the Commission
				  will use the "Davis-Bacon" rates and the wage rate determinations of the Texas
				  Workforce Commission, or other available surveys, for the local and state
				  average wage rate determinations.
(b) Affected workers, contractors and
				  subcontractors are responsible for complying with Texas Government Code,
				  Chapter 2258. The Commission is not a party to arbitration under Chapter 2258
				  of the Texas Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter D - WAGE RATES › Section 123.44 - Withholding of Penalties

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall retain the amounts authorized by Texas
					 Government Code, Chapter 2258 upon a finding that prevailing wages have not
					 been paid. The Commission shall use any amounts retained to pay the affected
					 worker in accordance with Texas Government Code, §
										RSA
					 2258.056.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 126 - SURPLUS AND SALVAGE PROPERTY PROGRAMS › Subchapter A - STATE SURPLUS AND SALVAGE PROPERTY › Section 126.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Certificate of
				  Acquisition--A form prescribed by the Commission that verifies the
				  qualifications of an approved assistance organization or political subdivision
				  as an entity entitled to receive state surplus or salvage property.
(2) Commission--The Texas Facilities
				  Commission.
(3) Local Governmental
				  Entity--Each local government entity of the state, including counties,
				  municipalities, and special purpose districts such as school districts,
				  districts for fire and emergency services, including volunteer fire
				  departments, utility and water districts, and health districts.
(4) Political subdivision--Each political
				  subdivision of the state, including counties, municipalities, public school
				  districts, volunteer fire departments.
(5) State agency--
(A) a department, commission, board, office,
				  or other agency in the executive branch of state government created by the
				  state constitution or a state statute;
(B) the supreme court, the court of criminal
				  appeals, a court of appeals, or the Texas Judicial Council; and
(C) the Civil Air Patrol, Texas
				  Wing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 126 - SURPLUS AND SALVAGE PROPERTY PROGRAMS › Subchapter A - STATE SURPLUS AND SALVAGE PROPERTY › Section 126.2 - Delegation of Authority to State Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) Criteria used to delegate authority to a
				  state agency demonstrating cost savings to the state may include, but is not
				  limited to the following:
(1) information
				  about the property such as age, condition, limited use, size, volume, expected
				  return and location; and
(2)
				  information about the state agency related to its ability to handle property
				  transactions such as adequacy of staffing, recordkeeping and reporting
				  practices, location, and specific knowledge about the property.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 126 - SURPLUS AND SALVAGE PROPERTY PROGRAMS › Subchapter A - STATE SURPLUS AND SALVAGE PROPERTY › Section 126.3 - Firearms

Current through Reg. 49, No. 28; July 12, 2024
A sale or transfer of a surplus firearm must be to a
					 licensed firearm dealer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 126 - SURPLUS AND SALVAGE PROPERTY PROGRAMS › Subchapter A - STATE SURPLUS AND SALVAGE PROPERTY › Section 126.4 - Direct Transfer, Priority, Reporting, and Other Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Priority of claim.
(1) The first state agency, political
				  subdivision or assistance organization that agrees to the established price
				  before the expiration of ten (10) business days shall be entitled to the
				  property; provided, however, a state agency shall have first priority over all
				  other entities.
(2) In the event
				  two competing and equivalent requests are received from parties of equal
				  standing, the Commission shall award the property in the best interests of the
				  state. Two or more requests shall be considered "competing and equivalent" for
				  purposes of this section if each meets the established price on the same
				  business day and within the ten (10) business day period following posting on
				  the Commission's website.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 126 - SURPLUS AND SALVAGE PROPERTY PROGRAMS › Subchapter A - STATE SURPLUS AND SALVAGE PROPERTY › Section 126.5 - Disposition of Surplus and Salvage Property to the Public by Competitive Bidding, Auction, or Direct Sale

Current through Reg. 49, No. 28; July 12, 2024
(a) Method of
				  Sale. The Commission will consider the following criteria when determining the
				  method of sale for surplus and salvage property:
(1) geographic location;
(2) cost of transportation if
				  applicable;
(3) sales history for
				  similar property;
(4) type of
				  property; and
(5) condition of
				  property.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter A - GENERAL › Section 155.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter governs the procedures of
				  the State Office of Administrative Hearings (SOAH). These rules apply in all
				  matters referred to SOAH, including contested cases under the Administrative
				  Procedure Act (APA), Tex. Gov't Code Chapter 2001. These rules do not apply to
				  matters otherwise addressed by statute or to matters that are otherwise limited
				  by the provisions of this chapter.
(b) Administrative License Suspension cases
				  initiated by the Texas Department of Public Safety are governed by Chapter 159
				  of this title.
(c) Arbitration
				  procedures for certain enforcement actions of the Texas Department of Aging and
				  Disability Services regarding assisted living facilities and nursing homes are
				  governed by Chapters 156 and 163 of this title.
(d) Appeals of appraisal review board
				  decisions are governed by Chapter 165 of this title.
(e) Dispute resolution procedures for certain
				  consumer health benefit disputes under Insurance Code, Chapter 1467, are
				  governed by Chapter 167 of this title.
(f) The procedural rules of the Public
				  Utility Commission of Texas (PUC) that are adopted by reference are those
				  enacted in Title 16, Chapter 22 of the Texas Administrative Code. The
				  procedural rules of the Texas Commission on Environmental Quality (TCEQ) are
				  adopted by reference are those enacted in Title 30, Chapter 80 of the Texas
				  Administrative Code. This adoption does not include any PUC or TCEQ rules
				  addressing the use of Alternative Dispute Resolution (ADR) processes at SOAH.
				  Those ADR processes are governed by the Governmental Dispute Resolution Act,
				  Tex. Gov't Code Chapter 2009; SOAH rule provisions pertaining to ADR; and
				  interagency contracts, memoranda of understanding, or other written agreements
				  with referring entities.
(g) The
				  procedural rules of the Comptroller of Public Accounts (CPA) that address the
				  hearing process in matters referred by that agency pertaining to protesting
				  preliminary findings of a property value study are those enacted in Title 34,
				  Chapter 9, Subchapter L of the Texas Administrative Code.
(h) Under Tex. Gov't Code §
										RSA
				  815.102, the procedural rules of the
				  Employees Retirement System of Texas (ERS) govern the formal contested case
				  process in matters it refers to SOAH.
(i) Proceedings under the Individuals with
				  Disabilities Education Act (IDEA),
				  RSA
				  1400,
et seq.
, are governed
				  by that statute, federal regulations at 34 C.F.R. Part 300 , the rules of the
				  Texas Education Agency at 19 TAC Chapter 89, and the procedures set forth in
				  §§155.51, 155.53, 155.101(a)-(b), 155.103, 155.105, 155.301, 155.305,
				  and 155.429(b) of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter A - GENERAL › Section 155.3 - Application and Construction of this Chapter

Current through Reg. 49, No. 28; July 12, 2024
(a) SOAH proceedings shall be conducted in
				  accordance with the APA, when applicable, and with this chapter. The judge may
				  modify and supplement the requirements of this chapter to promote the fair and
				  efficient handling of the case and to facilitate resolution of issues, if doing
				  so will not unduly prejudice the rights of any person or contravene applicable
				  statutes.
(b) If there is a
				  conflict between an agency's rules or prior decisions and statutory provisions
				  applicable to the case, and the rules or decisions cannot be harmonized with
				  the statute, the statute controls.
(c) The procedural rules of a state agency
				  govern SOAH proceedings only to the extent that SOAH's rules adopt the agency's
				  procedural rules by reference, unless otherwise required by law.
(d) If there is a conflict between SOAH's
				  rules and the procedural rules of the TCEQ adopted in §
										RSA 155.1 of this
				  chapter, the TCEQ rules will control.
(e) If there is a conflict between SOAH's
				  rules and the procedural rules of the PUC adopted in §
										RSA 155.1 of this
				  chapter, the PUC rules will control.
(f) If there is a conflict between SOAH's
				  rules and the procedural rules of ERS referenced in §
										RSA 155.1 of this
				  chapter, the ERS rules will control.
(g) This chapter shall be construed to ensure
				  the just and expeditious determination of every matter referred to SOAH. Not
				  all contested procedural issues will be susceptible to resolution by reference
				  to the APA and other applicable statutes, this chapter, and case law. When they
				  are not, the presiding judge will consider applicable policy of the referring
				  agency documented in the record in accordance with §
										RSA
				  155.419 of this chapter, the Texas Rules of
				  Civil Procedure (TRCP) as interpreted and construed by Texas case law, and
				  persuasive authority established in other forums.
(h) Unless otherwise expressly provided, the
				  past, present, and future tense shall each include the others; the masculine,
				  feminine, and neuter gender shall each include the others; and the singular and
				  plural number shall each include the other.
(i) Words and phrases shall be read in
				  context and construed according to the rules of grammar and common usage. Words
				  and phrases that have acquired a technical or particular meaning, whether by
				  legislative definition or otherwise, shall be construed accordingly. The
				  principles of statutory construction and of the Code Construction Act, Tex.
				  Gov't Code Chapter 311, apply.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter A - GENERAL › Section 155.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this chapter, the following words and terms
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative law judge
				  or judge--An individual appointed to serve as a presiding officer by SOAH's
				  chief judge under Tex. Gov't Code Chapter 2003.
(2) Alternative Dispute Resolution or
				  ADR--Processes used at SOAH to resolve disputes outside or in connection with
				  contested cases, including mediation, mini-trials, early neutral evaluation,
				  and arbitration.
(3) APA--The
				  Administrative Procedure Act, Tex. Gov't Code Chapter 2001.
(4) Arbitration--A form of ADR, governed by
				  an agreement between the parties or special rules or statutes providing for the
				  process in which a third-party neutral issues a decision after a streamlined
				  and simplified hearing. Arbitrations may be binding or non-binding, depending
				  on the agreement, statutes, or rules. See Chapters 156 and 163 of this title
				  for procedural rules specifically governing the arbitration of certain nursing
				  home and assisted living facility enforcement cases referred by the Texas
				  Department of Aging and Disability Services.
(5) Authorized representative--An attorney
				  authorized to practice law in the State of Texas or, if authorized by
				  applicable law, a non-attorney designated by a party to represent the
				  party.
(6) Business day--A weekday
				  on which state offices are open.
(7) Chief Judge--The chief administrative law
				  judge of SOAH.
(8) Confidential
				  Information--confidential information includes:
(A) information made confidential by
				  law;
(B) information otherwise
				  protected from disclosure by law or order of the presiding judge or a court;
				  and
(C) documents submitted in
				  camera, solely for the purpose of obtaining a ruling on the discoverability or
				  admissibility of such documents.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter A - GENERAL › Section 155.7 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Application of
				  rule. This rule applies unless another method is required by statute, another
				  rule in this chapter, or order.
(b)
				  Computing time periods. When computing periods of time prescribed or allowed in
				  this chapter:
(1) the day of the act, event,
				  or default from which the designated time period begins to run is not counted;
				  and
(2) the last day of the time
				  period is counted, unless it is a day on which SOAH's offices are closed, in
				  which case the time period will end on the next day SOAH's offices are
				  open.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter A - GENERAL › Section 155.9 - Seal

Current through Reg. 49, No. 28; July 12, 2024
SOAH may maintain a seal to authenticate its official acts,
					 including certifying copies of the administrative records of any matters heard
					 by SOAH. The seal shall have a star with five points and the words "State
					 Office of Administrative Hearings" engraved upon it.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter B - DOCKETING-FILING A CONTESTED CASE › Section 155.51 - Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) Acquisition of jurisdiction. SOAH
				  acquires jurisdiction over a case when a referring agency completes and files a
				  Request to Docket Case form. A separate Request to Docket Case form shall be
				  completed and filed for each case referred to SOAH.
(b) When Request to Docket Case form is
				  considered filed. A Request to Docket Case form shall be considered filed on
				  the date the form is received and accepted by SOAH.
(c) Commencement of time periods. A period of
				  time established by these rules shall not begin to run until SOAH acquires
				  jurisdiction over a case.
(d)
				  Effect of acquisition of jurisdiction by SOAH. After SOAH acquires
				  jurisdiction, any party may initiate discovery or move for appropriate relief,
				  including evidentiary rulings, continuances, summary disposition, and setting
				  of proceedings. SOAH retains jurisdiction until it has concluded its
				  involvement in the matter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter B - DOCKETING-FILING A CONTESTED CASE › Section 155.53 - Request to Docket Case

Current through Reg. 49, No. 28; July 12, 2024
(a) Request to
				  Docket Case form. A referring agency shall file with SOAH a completed Request
				  to Docket Case form for each matter referred to SOAH.
(1) For contested cases, the Request to
				  Docket Case form shall be submitted together with the complaint, petition,
				  application, or other pertinent documents describing the agency action giving
				  rise to the case.
(2) For matters
				  referred for alternative dispute resolution or mediation evaluation, the
				  Request for ADR form may be filed without accompanying documentation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter C - FILING AND SERVICE OF DOCUMENTS › Section 155.101 - Filing Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing and
				  service required.
(1) All pleadings and other
				  documents shall be filed using one of the methods described in this
				  rule.
(2) On the same date a
				  document is filed, it shall also be served on all other parties as described in
				  §
											RSA
				  155.105 of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter C - FILING AND SERVICE OF DOCUMENTS › Section 155.103 - Confidential Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Records filed
				  as part of a contested case proceeding at SOAH are presumed to be open to the
				  public unless designated as confidential in accordance with this rule. A party
				  filing or offering documents that contain confidential information and/or
				  personal identifying information, as those terms are defined in §
										RSA 155.5 of this
				  chapter, shall comply with this rule to prevent inadvertent public disclosure
				  of such documents.
(b) Documents
				  filed in confidential cases.
(1) Confidential
				  cases. The records of certain contested case proceedings at SOAH are designated
				  as confidential and closed to the public because of the necessity to comply
				  with applicable confidentiality laws. Confidential proceedings include, but are
				  not limited to:
(A) Tax proceedings subject
				  to Tex. Gov't Code, §
												RSA
				  2003.104 referred by the Comptroller of
				  Public Accounts;
(B) License
				  suspension proceedings referred by the Child Support Division of the Office of
				  the Attorney General;
(C) Child
				  abuse and neglect central registry proceedings referred by the Health and Human
				  Services Commission;
(D)
				  Proceedings involving public retirement system benefits;
(E) Workers' compensation benefits
				  proceedings referred by the Texas Department of Insurance, Division of Workers'
				  Compensation;
(F) Proceedings
				  related to a petition for correction of a peace officer separation report
				  referred by the Texas Commission on Law Enforcement, unless the petitioner
				  resigned or was terminated due to substantiated incidents of excessive force or
				  violations of law other than traffic offenses; and
(G) IDEA special education due process
				  proceedings referred by the Texas Education Agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter C - FILING AND SERVICE OF DOCUMENTS › Section 155.105 - Service of Documents on Parties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Method of service by parties in all cases other than those referred by PUC or
				  TCEQ.
(1) Service on all parties. On the same
				  date a document is filed, a copy shall also be sent to each party or the
				  party's authorized representative in the manner specified by this section. By
				  order, the judge may exempt a party from serving certain documents or materials
				  on all parties.
(A) Documents Filed
				  Electronically. A document filed electronically in accordance with §
												RSA
				  155.101(b) of this chapter
				  must be served electronically through the electronic filing manager if the
				  email address of the party or attorney to be served is on file with the
				  electronic filing manager. It is the responsibility of the parties to the case
				  to ensure that all service contact information entered in the electronic filing
				  manager is complete and accurate. If the email address of the party or attorney
				  to be served is not on file with the electronic filing manager, the document
				  may be served on that party or attorney under subparagraph (B) of this
				  paragraph.
(B) Documents Not Filed
				  Electronically. A document not filed electronically may be served in person, by
				  mail, by commercial delivery service, by fax, by email, or by such other manner
				  as directed by the judge.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter D - JUDGES › Section 155.151 - Assignment of Judges to Cases

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Discretion of Chief Judge. Assignment of judges to cases is at the discretion
				  of the Chief Judge and the Chief Judge's designees and is not subject to
				  request except as provided by §
										RSA
				  155.152 of this subchapter.
(b) Judge's inability to continue presiding.
				  If a judge is unable to continue presiding or to issue a decision or proposal
				  for decision after the conclusion of the hearing, the Chief Judge or the Chief
				  Judge's designee may reassign the case to another judge. That judge shall
				  review the existing record and need not repeat previous proceedings but may
				  conduct further proceedings as necessary.
(c) Assignment of more than one judge. More
				  than one judge may be assigned to a case.
(1)
				  If more than one judge is assigned to a case, the judges may divide their areas
				  of responsibility.
(2) Evidentiary
				  and procedural questions will be resolved by the judge presiding at the time
				  the issues arise or may be referred to another judge assigned to the
				  case.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter D - JUDGES › Section 155.152 - Disqualification or Recusal of Judges

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  judge is subject to recusal or disqualification on the same grounds and under
				  the same circumstances as specified in TRCP Rule 18b.
(1) Motion. A motion to recuse or disqualify
				  a judge assigned to a case should:
(A) be
				  made at the earliest practicable time;
(B) be verified, if the motion is in
				  writing;
(C) state with
				  particularity the grounds for the motion; and
(D) be based on personal knowledge and
				  include such facts as would be admissible in evidence, except that facts may be
				  stated on information and belief if the basis for such belief is specifically
				  stated.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter D - JUDGES › Section 155.153 - Powers and Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) Judge's
				  authority and duties. The judge shall have the authority and duty to:
(1) conduct a full, fair, and efficient
				  hearing;
(2) take action to avoid
				  unnecessary delay in the disposition of the proceeding; and
(3) maintain order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter D - JUDGES › Section 155.155 - Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Judge's authority. The judge has
				  authority to:
(1) issue orders to control the
				  conduct and scope of the proceeding;
(2) rule on motions;
(3) establish deadlines;
(4) schedule and conduct prehearing or
				  posthearing conferences;
(5)
				  require the prefiling of exhibits and testimony;
(6) set out requirements for participation in
				  the case; and
(7) take other steps
				  conducive to a fair and efficient contested case process.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter D - JUDGES › Section 155.157 - Sanctioning Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority to
				  impose sanctions. For contested cases referred by an agency other than the PUC
				  or the TCEQ, the judge has the authority to impose appropriate sanctions
				  against a party or its representative for:
(1) filing a motion or pleading that is
				  deemed by the judge to be 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 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter E - REPRESENTATION OF PARTIES › Section 155.201 - Representation of Parties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Representation. A party may represent himself or herself or may appear by
				  authorized representative. Parties that are not represented by an attorney may
				  obtain information regarding contested case hearings on SOAH's public website
				  at
www.soah.texas.gov
.
(b) Appearance by authorized representative.
				  A party's authorized representative who has not entered an appearance as a
				  matter of record in the proceeding shall enter an appearance by filing with
				  SOAH appropriate documentation that contains the representative's mailing
				  address, email address and telephone number. If the party's representative is
				  not licensed to practice law in Texas and the authority of the representative
				  is challenged, the representative must show authority to appear as the party's
				  representative.
(c) Nonresident
				  attorney. An attorney who is a resident of and licensed to practice law in
				  another state and who is not an active member of the State Bar of Texas shall
				  comply with the requirements of Tex. Gov't Code §
										RSA 82.0361 and Rule
				  XIX of the Rules Governing Admission to the Bar of Texas before entering an
				  appearance on behalf of a party at SOAH. Rule XIX may be found on the website
				  of the Board of Law Examiners.
(d)
				  Attorney in charge. When more than one attorney makes an appearance on behalf
				  of a party, the attorney whose signature first appears on the initial pleading
				  for a party shall be the attorney in charge for that party unless another
				  attorney is specifically designated in writing. Unless otherwise ordered by the
				  judge, all communications sent by SOAH or other parties regarding the matter
				  shall be sent to the attorney in charge.
(e) This rule does not allow a person to
				  engage in the unauthorized practice of law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter E - REPRESENTATION OF PARTIES › Section 155.203 - Withdrawal of Counsel

Current through Reg. 49, No. 28; July 12, 2024
(a) An attorney
				  may withdraw from representing a party only if a written motion showing good
				  cause for withdrawal is filed by the withdrawing attorney, the substituting
				  attorney, or the client.
(1) If another
				  attorney is to be substituted as attorney for the party, the motion shall
				  state: the substituted attorney's name, address, telephone number, and email
				  address; that the substituting attorney has been notified of all pending
				  settings and deadlines; and that the substituting attorney approves the
				  substitution.
(2) If the party has
				  no substitute attorney, the motion shall state: the party's last known address,
				  telephone number, and email address; that the party has been notified of all
				  pending settings and deadlines; and whether the party consents to the
				  withdrawal. If the party does not consent to the withdrawal, the attorney also
				  must affirm that the party has been served with a copy of the motion and
				  informed of the right to object to the withdrawal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter F - DISCOVERY › Section 155.251 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Commencement
				  of discovery. Discovery may begin when SOAH acquires jurisdiction under §
										RSA 155.51 of this
				  chapter.
(b) Discovery period. The
				  discovery period ends ten days before the hearing on the merits begins, unless
				  otherwise ordered by the judge or agreed by the parties.
(c) Discovery rights. Parties have the
				  discovery rights provided in this section, the APA, and the TRCP, other than
				  the provisions relating to discovery control plans and except as modified by
				  this chapter. Discovery rights may be modified or changed by the judge. For
				  cases not adjudicated under the APA, the judge will determine what discovery,
				  if any, will be permitted.
(d)
				  Discovery requests, responses, and documents produced in discovery shall not be
				  filed with SOAH, except as provided in §
										RSA 155.259 of
				  this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter F - DISCOVERY › Section 155.253 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) The APA governs the taking and use of
				  depositions unless otherwise provided by law.
(b) Except with permission of the judge upon
				  a showing of good cause or upon agreement by all parties, the following apply:
(1) All parties must receive at least seven
				  days' notice of a deposition. The parties should make reasonable efforts to
				  confer on the date, time, and location of the deposition.
(2) No party or side may examine or
				  cross-examine an individual witness for more than six hours.
(3) Brief breaks taken during the deposition
				  do not count in the calculation of the period for a deposition.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter F - DISCOVERY › Section 155.257 - Subpoenas and Commissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Except in
				  TCEQ and PUC cases, requests for issuance of subpoenas or commissions shall be
				  directed to the referring agency. Any such requests shall comply with the APA
				  and the applicable agency procedure, if any, regarding issuance of subpoenas or
				  commissions.
(b) In TCEQ and PUC
				  cases, requests for issuance of subpoenas or commissions shall be submitted in
				  accordance with those agencies' rules.
(c) Disputes over whether a request complies
				  with applicable law should be presented to the judge in a motion filed pursuant
				  to § 155.259 of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter F - DISCOVERY › Section 155.259 - Discovery Motions

Current through Reg. 49, No. 28; July 12, 2024
(a) Certificate of
				  conference. The parties and their authorized representatives shall cooperate in
				  discovery and shall endeavor to make any agreements reasonably necessary for
				  the efficient disposition of the case. All discovery motions shall include a
				  certificate of conference complying with §
										RSA
				  155.305(b)(2) of this
				  chapter.
(b) Motions for
				  protection. A person from whom discovery is sought may file a motion within the
				  time permitted for a response to request an order protecting that person from
				  the discovery sought. A motion for protection shall include the relevant
				  portion of the discovery request at issue. A person must comply with a
				  discovery request to the extent protection is not sought unless it is
				  unreasonable under the circumstances to do so before obtaining a ruling on the
				  motion.
(c) Motions to compel. A
				  person alleging failure to comply with discovery shall file a motion to compel
				  as soon as practicable. A motion to compel shall include the relevant portion
				  of the discovery response at issue. A motion to compel shall not be filed less
				  than 10 days before the first day of the hearing on the merits, unless good
				  cause is shown. A judge may deny or limit relief sought in a motion to compel
				  if the judge determines that the discovery requests at issue are improper or
				  unduly burdensome.
(d)
In
				  camera
inspections. If a party's assertion of a privilege or an
				  exemption under the TRCP is made the subject of a motion for protection or a
				  motion to compel, the party resisting discovery must request an
in
				  camera
inspection (inspection by the judge) and provide the documents
				  for review under seal. The request shall state the factual and legal basis that
				  support the claimed privilege or exemption and shall comply with the provisions
				  of §
										RSA
				  155.103 of this chapter.
(e) Responses to discovery motion. Responses
				  to discovery motions shall be filed in accordance with §
										RSA
				  155.305(c).
(f) Discovery materials. Motions and
				  responses in a discovery dispute shall include only the relevant portions of
				  the discovery materials at issue.
(g) Confidentiality. Confidential information
				  contained in or attached to a discovery motion or response must be filed in
				  compliance with §
										RSA
				  155.103 of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter G - PLEADINGS AND MOTIONS › Section 155.301 - Required Form of Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Content generally. Written requests for action in a contested case shall be
				  typewritten or printed legibly in 8-1/2 x 11 inch format and timely filed at
				  SOAH in accordance with the method and format required by §
										RSA 155.101 of
				  this chapter. All filings shall contain or be accompanied by the following:
(1) the name of the party seeking
				  action;
(2) the SOAH docket
				  number;
(3) the parties to the case
				  and their status as petitioner or respondent;
(4) a concise statement of the type of
				  relief, action, or order desired by the pleader and identification of the
				  specific reasons for and facts to support the action requested;
(5) a certificate of service, as required by
				  §
											RSA
				  155.105(a)(2) of this
				  chapter;
(6) any other matter
				  required by statute or rule; and
(7) the signature of the submitting party or
				  the party's authorized representative.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter G - PLEADINGS AND MOTIONS › Section 155.303 - Effect of Signing Pleadings

Current through Reg. 49, No. 28; July 12, 2024
The signatures of parties or authorized representatives
					 constitute certification that they have read the pleading and that, to the best
					 of their knowledge, information, and belief formed after reasonable inquiry,
					 the pleading is neither groundless nor brought in bad faith.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter G - PLEADINGS AND MOTIONS › Section 155.305 - Motions, Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  effect of motions. To make a request, including a request to change a setting
				  or obtain a ruling, order, or any other procedural relief from the judge, a
				  party shall file a written motion. The motion shall describe specifically the
				  action requested and the basis for the requested action. Unless otherwise
				  specified in this chapter, a motion is not granted until it has been ruled on
				  by the judge, even if the motion is uncontested or agreed.
(b) General requirements for motions. Except
				  as provided in this chapter, or unless otherwise ordered by the judge, all
				  motions shall:
(1) be filed in writing no
				  later than seven days before the date of the hearing; except, for good cause
				  demonstrated in the motion, the judge may consider a motion filed after that
				  time or presented orally at a hearing;
(2) include a certificate of conference that
				  complies substantially with one of the following examples:
(A) Example one: "Certificate of Conference:
				  I certify that I conferred with {name of other party or other party's
				  authorized representative} on {date} about this motion. {Succinct statement of
				  other party's position on the action sought and/or a statement that the parties
				  negotiated in good faith but were unable to resolve their dispute before
				  submitting it to the judge for resolution.} Signature."
(B) Example two: "Certificate of Conference:
				  I certify that I made reasonable but unsuccessful attempts to confer with {name
				  of other party or other party's authorized representative} on {date or dates}
				  about this motion. {Succinctly describe these attempts.} Signature.";
				  and
(3) include a
				  reference in the motion's title to a request for a hearing on the motion if the
				  moving party seeks a hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter G - PLEADINGS AND MOTIONS › Section 155.307 - Motions for Continuance and to Extend Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Contents of a motion for continuance. A
				  request to postpone or delay a hearing or prehearing conference shall include:
(1) a statement of the number of motions for
				  continuance previously filed in the case by each party;
(2) the specific reason for the
				  continuance;
(3) at least three
				  proposed dates for the rescheduled proceeding or a deadline by which the movant
				  will confer with the non-moving parties to submit three agreed proposed dates;
				  and
(4) a certificate of conference
				  that complies substantially with one of the examples set out in §
											RSA
				  155.305(b)(2) of this
				  subchapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter H - MEDIATION › Section 155.351 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Requesting mediation.
(1) A party may request mediation in writing
				  or orally during a prehearing conference or hearing.
(2) A request for mediation must be based on
				  a good faith belief that the parties may be able to resolve all or a portion of
				  their dispute in mediation.
(3) A
				  party may object to a request for mediation orally or in writing.
(4) Mediation may not be used as a delay or
				  discovery tactic.
(5) Mediation
				  does not stay an existing procedural schedule unless ordered by the presiding
				  judge.
(6) A judge may refer a case
				  to mediation without agreement of all parties.
(7) An agency may refer a case for mediation
				  only.