Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 32 - HEARING AND APPEAL PROCEDURES › Section 32.5 - Disposition of Contested Cases

Current through Reg. 49, No. 28; July
				12, 2024
(a) In all
				cases referred to SOAH, the commission retains the right to make the final
				decision in a contested case. After the conclusion of a contested case hearing,
				the ALJ shall prepare and serve on the parties a proposal for decision that
				includes findings of fact and conclusions of law, modified as necessary by the
				ALJ to address any exceptions and replies timely filed in accordance with
				§
									2001.062 of the Texas
				Government Code and SOAH rules.
(b)
				The executive director shall place the proposal for decision and a proposed
				final order on the commission's agenda for discussion and possible action at a
				subsequent meeting of the commission.
(c) At a meeting of the commission where the
				proposed final order is set for discussion and possible action, public
				testimony is allowed. However, no further evidence shall be received or
				considered. The commission may, in its discretion, allow oral
				arguments.
(d) The commission may,
				on its own motion, remand to SOAH for any additional fact finding it determines
				is necessary, or the commission may change a finding of fact or conclusion of
				law made by the ALJ for any reason enumerated in §
									2001.058(e)
				of the Texas Government Code. If the commission determines that the findings of
				fact and conclusions of law are supported by the evidence, the commission shall
				issue a final order by a majority of those present or by a majority of the
				quorum, whichever is greater. The commission shall adopt findings of fact and
				conclusions of law which shall be part of the commission's final order.
				Findings of fact shall be based exclusively on the evidence or on matters
				officially noticed.
(e) Disposition
				by Default.
(1) In contested cases where the
				party not bearing the burden of proof at the hearing fails to appear, the ALJ
				may issue an order finding that adequate notice has been given, deeming factual
				allegations in the notice of hearing admitted, conditionally dismissing the
				case from the SOAH docket, and conditionally remanding the case to the
				commission for disposition by default as permitted by Texas Government Code,
				§2001.056 and §2001.058(d-1).
(2) Pursuant to 1 TAC §155.501(e), the
				defaulting party shall be provided with adequate notice of the conditional
				order and an opportunity to set aside the default. If no motion to set aside is
				granted, the conditional order of dismissal and remand becomes final.
(3) When the order of dismissal and remand is
				final, the executive director shall prepare a proposed order for the
				commission's action containing findings of fact as set forth in the notice of
				hearing, conclusions of law, and granting the relief requested. The matter
				shall be placed on the commission's agenda for discussion and possible action
				at a subsequent meeting. Although public testimony is allowed, no further
				evidence shall be received or considered. The commission may, in its
				discretion, allow oral arguments.