reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 160.11 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) A sick leave
				  pool is established to alleviate hardship caused to an employee and the
				  employee's immediate family if a catastrophic injury or illness forces the
				  employee to exhaust all eligible leave time earned by that employee and to lose
				  compensation time from the state.
(b) The Human Resources Manager for the State
				  Office of Administrative Hearings is designated as the pool
				  administrator.
(c) The pool
				  administrator shall develop and maintain a policy, operating procedures, and
				  forms, as necessary, for the administration of the sick leave pool subject to
				  approval by the Chief Administrative Law Judge.
(d) Operation of the sick leave pool shall be
				  consistent with Texas Government Code, Chapter 661.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 160 - GENERAL ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 160.12 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) A family leave
				  pool is established to provide eligible employees more flexibility in bonding
				  with and caring for children during a child's first year following birth,
				  adoption, or foster placement, and caring for a seriously ill family member or
				  the employee's own serious illness, including pandemic-related illnesses or
				  complications caused by a pandemic.
(b) All contributions by employees to the
				  family leave pool are voluntary. There is no limitation on the amount or
				  frequency of contributions. Employees who contribute accrued sick or vacation
				  leave hours to the pool may not designate the contributed hours for use by a
				  specific employee. An employee who contributes leave hours to the pool may not
				  withdraw the contributed hours.
(c)
				  An employee may only apply to withdraw time from the family leave pool if the
				  employee has exhausted all eligible personal leave due to:
(1) the birth of a child;
(2) the placement of a foster child or
				  adoption of a child under 18 years of age;
(3) the placement of any person 18 years of
				  age or older requiring guardianship;
(4) a serious illness to an immediate family
				  member of the employee, including pandemic-related illness;
(5) an extenuating circumstance created by an
				  ongoing pandemic, including providing essential care to a family member;
				  or
(6) a previous donation of time
				  to the pool.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 161 - REQUESTS FOR RECORDS › Section 161.1 - Charges for Copies of Public Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The charge to any person requesting copies of any public information held by
				the State Office of Administrative Hearings will be the charges established by
				the Office of the Attorney General, codified at 1 TAC §§
									RSA 70.1-
				RSA
				70.12 of this title (relating to Cost of
				Copies of Public Information).
(b)
				The State Office of Administrative Hearings may waive these charges if there is
				a public benefit. The Chief Administrative Law Judge is authorized to determine
				whether a public benefit exists on a case by case basis.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter A - GENERAL INFORMATION › Section 163.1 - 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) Administrative law
				  judge or judge--An individual appointed by the chief administrative law judge
				  of the State Office of Administrative Hearings (SOAH) under Government Code,
				  §
										RSA
				  2003.041. The term shall also include any
				  temporary administrative law judge appointed by the chief administrative law
				  judge pursuant to Government Code, §
										RSA
				  2003.043.
(2) APA--Government Code, Chapter
				  2001.
(3) Authorized
				  representative--An attorney authorized to practice law in the State of Texas
				  or, where permitted by applicable law, a person designated by a party to
				  represent the party.
(4) Chief
				  judge--The chief administrative law judge or his or her designee for action
				  under this chapter. Any designee shall be a person qualified to serve as an
				  arbitrator.
(5) Code--Health and
				  Safety Code, Chapter 242 as it may be amended from time to time.
(6) DADS--The Department of Aging and
				  Disability Services.
(7)
				  Facility--An institution as defined by the Code §242.002(10).
(8) Order--The award or final order issued by
				  the arbitrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter A - GENERAL INFORMATION › Section 163.3 - Construction of this Chapter

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise expressly provided, the past, present, or
					 future tense shall each include the other; the masculine, feminine, or neuter
					 genders shall each include the other; and the singular and plural number shall
					 each include the other.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter A - GENERAL INFORMATION › Section 163.5 - Other SOAH Rules of Procedure

Current through Reg. 49, No. 28; July 12, 2024
Unless specific applicable procedures are set out in this
					 chapter, other SOAH rules of procedure found at Chapter 155 of this title
					 (relating to Rules of Procedure), Chapter 157 of this title (relating to
					 Temporary Administrative Law Judges), and Chapter 161 of this title (relating
					 to Requests for Records) may apply in arbitration proceedings under this
					 chapter. The rules that specifically apply include:
(1) 1 TAC 155, Subchapter A, §155.7
				  (relating to Computation of Time);
(2) 1 TAC 155, Subchapter C, §155.101
				  (relating to Filing Documents);
(3)
				  1 TAC 155, Subchapter C, §155.103 (relating to Service of Documents on
				  Parties);
(4) 1 TAC 155, Subchapter
				  D, §155.151 (relating to Assignment of Judges to Cases);
(5) 1 TAC 155, Subchapter D, §155.153
				  (relating to Powers and Duties);
(6) 1 TAC 155, Subchapter E, §155.201
				  (relating to Representation of Parties);
(7) 1 TAC 155, Subchapter I, §155.405
				  (relating to Participation by Telephone or Videoconference);
(8) 1 TAC 155, Subchapter I, §155.417
				  (relating to Stipulations);
(9) 1
				  TAC 155, Subchapter I, §155.425 (relating to Procedure at
				  Hearing);
(10) 1 TAC 155,
				  Subchapter I, §155.431 (relating to Conduct and Decorum);
(11) 1 TAC 155, Subchapter J, §155.503
				  (relating to Dismissal Proceedings);
(12) 1 TAC 157, §157.1 (relating to
				  Temporary Administrative Law Judges); and
(13) 1 TAC 161, §161.1 (relating to
				  Charges for Copies of Public Records).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 163.51 - Opportunity to Elect Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) Except
				  as otherwise prohibited by the Code, DADS or any affected facility may elect
				  arbitration as an alternative to a contested case proceeding or to a judicial
				  proceeding relating to any of the following disputes arising under the Code,
				  Subchapter H-2:
(1) renewal of a license
				  under §242.033;
(2)
				  suspension, revocation, or denial of a license under §242.061;
(3) assessment of a civil penalty under
				  §242.065;
(4) assessment of a
				  monetary penalty under §242.066; or
(5) assessment of a penalty as described in
				  §
											RSA
				  32.021(n), Human Resources
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 163.53 - Notice of Election of Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Code §242.252(b), in an
				  enforcement lawsuit filed in court:
(1) An
				  affected facility may elect arbitration by filing a notice of election to
				  arbitrate with the court in which the lawsuit is pending and sending copies to
				  the office of the attorney general and to DADS or its designee.
(A) The notice of election must be filed no
				  later than the tenth day after the date on which the answer is due or the date
				  on which the answer is filed with the court, whichever is earlier.
(B) If a civil penalty is requested by an
				  amended or supplemental pleading in a lawsuit, the affected facility must file
				  its notice of election of arbitration not later than the tenth day after the
				  date on which the amended or supplemental pleading is served on the affected
				  facility or the facility's counsel.
(C) If the election of arbitration is
				  challenged, the parties shall seek a prompt ruling from the court on the
				  challenge. If a court finds SOAH has jurisdiction to conduct an arbitration,
				  the Health and Human Services Appeal Division shall immediately file the
				  court's order and the notice of election of arbitration at SOAH and request the
				  arbitration be processed in the usual manner.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 163.55 - Initiation of Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) When a
				  notice of election of arbitration is filed at SOAH, the notice shall be date
				  stamped and the file given a SOAH docket number that identifies it as a case
				  submitted for arbitration. Parties shall include this docket number on all
				  subsequent correspondence and documents filed with SOAH relating to the
				  arbitration.
(b) The party that did
				  not initiate the arbitration may file an answering statement with SOAH within
				  ten days after receipt of the notice of election from the electing party. That
				  answering statement should include a response to the claim and any challenge to
				  the election of arbitration. If the party that did not initiate the arbitration
				  does not file an answering statement, SOAH will presume that party denies the
				  claim and does not challenge the election of arbitration. Failure to file an
				  answering statement shall not operate to delay the arbitration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 163.57 - Jurisdictional Challenges

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties who
				  raise jurisdictional challenges to an election for arbitration in a judicial
				  enforcement action are required to seek an expeditious ruling from the court in
				  which the election was filed.
(b)
				  Jurisdictional challenges brought to an election for arbitration in an
				  administrative enforcement proceeding shall be decided by the presiding
				  administrative law judge in the contested case.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 163.59 - Changes of Claim

Current through Reg. 49, No. 28; July 12, 2024
If either party desires to make any new or different claim,
					 it shall be made in writing and filed with SOAH. The other party may, within
					 ten days from the date of such filing, file an answer with SOAH. After the
					 arbitrator is appointed, however, no new or different claim may be submitted
					 except with the arbitrator's consent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter C - FILING AND SERVICE OF DOCUMENTS › Section 163.101 - Filing and Service of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All documents a party files with SOAH shall be governed by the provisions of 1
				  TAC §
										RSA
				  155.101(relating to Filing
				  Documents).
(b) All documents a
				  party files with SOAH shall be simultaneously served on the other parties.
				  Service of documents on parties shall be governed by the provisions of 1 TAC
				  §
										RSA
				  155.103(relating to Service of Documents on
				  Parties).
(c) Except as provided
				  herein, any oral or written communication, other than a communication
				  authorized under subsection (a) of this section, from the parties to an
				  arbitrator shall be directed to the association that is conducting the
				  arbitration or, if there is no association conducting the arbitration, to SOAH,
				  for transmittal to the arbitrator. After the arbitrator has been appointed in a
				  case, materials may be filed directly with the arbitrator, if:
(1) the parties agree;
(2) the arbitrator agrees; and
(3) the service requirements of this section
				  are met.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 163.151 - Selection of Arbitrator

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties
				  may agree upon an arbitrator qualified under this chapter and submit that
				  individual's name with their initial statements.
(b) Arbitrators designated by the parties.
(1) Parties who agree to retain a qualified
				  non-SOAH arbitrator shall notify the chief judge within ten days of the
				  arbitrator's retention.
(2) The
				  notice must include the name, address, and telephone number of the arbitrator
				  selected; a statement that the parties have entered into an agreement with the
				  arbitrator regarding the arbitrator's rate and method of compensation; and an
				  affirmation that the arbitrator is qualified to serve according to the
				  provisions of this chapter.
(3) The
				  chief judge shall issue an order specifying the date by which the arbitration
				  must be completed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 163.153 - Notice to and Acceptance of Appointment by Arbitrator Who Is Not a SOAH Judge

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of the
				  appointment of the arbitrator shall be sent to the arbitrator by SOAH, together
				  with a copy of this chapter and an acceptance form for the arbitrator to sign
				  and return. The signed acceptance of the arbitrator shall be filed with SOAH
				  prior to the first pre-hearing conference or other meeting of the parties to
				  the arbitration.
(b) The acceptance
				  of the arbitrator shall state that the arbitrator is qualified and willing to
				  serve as arbitrator in accordance with this chapter, and with the current Code
				  of Ethics for Arbitrators in Commercial Disputes issued by the American Bar
				  Association and the American Arbitration Association. It shall also state that
				  the arbitrator foresees no difficulty in completing the arbitration according
				  to the schedule set out in this chapter.
(c) A potential arbitrator must not accept
				  appointment in or continue handling any matter in which the arbitrator believes
				  or perceives that participation as an arbitrator would be a conflict of
				  interest or create the impression of a conflict. The duty to disclose is a
				  continuing obligation throughout the arbitration process.
(d) Upon objection of a party to the
				  continued service of an arbitrator, the chief judge shall provide the
				  arbitrator and all parties an opportunity to respond. After consideration of
				  these responses, the chief judge shall determine whether the arbitrator should
				  be disqualified and shall inform the parties of his/her decision, which shall
				  be conclusive.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 163.155 - Vacancies

Current through Reg. 49, No. 28; July 12, 2024
If for any reason an appointed arbitrator is unable to
					 perform the duties of the office, the chief judge may, on proof satisfactory to
					 the chief judge, declare the office vacant. The chief judge may fill a vacancy
					 by appointing a SOAH arbitrator. Objections for cause to the appointed
					 arbitrator shall be filed in accordance with this Subchapter, §163.151(d).
					 During the period of a vacancy, the chief judge may rule on pending matters,
					 including dispositive motions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 163.157 - Qualifications of Arbitrators

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief
				  judge may appoint as an arbitrator any SOAH administrative law judge.
(b) A potential arbitrator who is not a SOAH
				  administrative law judge shall be on an approved list of a nationally
				  recognized association that performs arbitration services or meet the following
				  minimum standards:
(1) Have at least five
				  years of experience in health care and/or the legal profession and/or
				  alternative dispute resolution with recognized expertise in his/her
				  profession(s).
(2) Have the
				  attributes necessary to be a successful arbitrator, including expertise,
				  honesty, integrity, impartiality, and the ability to manage the arbitration
				  process.
(3) May not represent any
				  plaintiff in a proceeding seeking monetary damages from the State of Texas or
				  any of its agencies, and he/she must affirm that he/she will not undertake any
				  such representation during the pendency of the arbitration
				  proceeding.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 163.159 - Duties of the Arbitrator

Current through Reg. 49, No. 28; July 12, 2024
The arbitrator shall:
(1) secure appropriate facilities for the
				  hearing, giving preference to using state facilities;
(2) protect the interests of DADS and the
				  facility;
(3) ensure that all
				  relevant evidence has been disclosed to the arbitrator, DADS, and facility;
				  and
(4) render an order consistent
				  with applicable state and federal law, including the Code and this
				  chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 163.161 - Cost of Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  arbitrator's fees and expenses shall not exceed the statutory daily maximum for
				  case preparation, prehearing conferences, hearings, preparation of the order,
				  and any other required post-hearing work. Rates charged for less than one day
				  must bear a reasonable relationship to the daily maximum.
(b) There may also be incidental expenses
				  connected with an arbitration proceeding which may be charged in addition to
				  the arbitrator's fees and expenses. If a party requests that an arbitration
				  hearing be held outside of Austin, and the arbitrator agrees to hold the
				  arbitration in that location, incidental expenses would include the cost of
				  renting a room for the hearing and the arbitrator's travel expenses.
(c) SOAH charges fees for the services
				  provided by SOAH arbitrators at the hourly rate approved in the General
				  Appropriations Act, but the total amount charged for a SOAH arbitrator's
				  services in an arbitration proceeding conducted under these rules shall not
				  exceed the statutory daily maximum.
(d) The party electing arbitration must pay
				  the cost of the arbitration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.201 - Exchange and Filing of Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless the arbitrator orders otherwise, by the 30th day after the date SOAH
				  mailed notice to the parties of the name of the appointed arbitrator, the
				  parties shall have exchanged the following information:
(1) List of witnesses that a party expects to
				  call with a short summary of their expected testimony;
(2) Any and all documents or other tangible
				  things that contain information relevant to the subject matter, including any
				  documents that will be testified about at the hearing or that witnesses have
				  reviewed in preparing for their testimony.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.203 - Preliminary Conference

Current through Reg. 49, No. 28; July 12, 2024
The arbitrator may set a preliminary conference and may
					 require parties to file a statement of position prior to that conference. The
					 statement of position shall include:
(1) stipulations of the parties to
				  uncontested facts and applicable law;
(2) citation to the statutory and regulatory
				  law, both state and federal, that controls the controversy;
(3) a list of the issues of fact and law that
				  are in dispute between the parties, including a citation to legal authorities
				  that each party relies on for its legal positions;
(4) proposals designed to expedite the
				  arbitration proceedings, including minimizing preparation and decision time
				  required of the arbitrator;
(5) a
				  list of documents that the parties have exchanged and a schedule for the
				  delivery of any additional relevant documents, indicating the approximate
				  length of each document;
(6) the
				  identification of witnesses expected to be called during the arbitration
				  proceeding, with a short summary of their expected testimony; and
(7) other matters as specified by the
				  arbitrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.205 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
Discovery is not allowed in a proceeding under this
					 chapter, except by agreement with the other party or by order of the arbitrator
					 upon a showing of good cause. Any discovery will be completed no later than 14
					 days before the opening of the arbitration hearing on the merits, unless
					 otherwise ordered by the arbitrator. Discovery should not be filed with SOAH or
					 the arbitrator unless there is a related dispute which must be resolved by the
					 arbitrator. No more than four hours of deposition testimony may be taken by
					 either party, unless otherwise ordered by the arbitrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.207 - Stenographic Record

Current through Reg. 49, No. 28; July 12, 2024
An official stenographic record of the proceeding is not
					 required, but DADS or the facility may make a stenographic record. The party
					 that makes the stenographic record shall pay the expense of having the record
					 made. A copy of any transcript prepared at the request of a party shall be
					 provided to the arbitrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.209 - Electronic Record

Current through Reg. 49, No. 28; July 12, 2024
DADS shall make an electronic recording of the proceeding.
					 If there is no stenographic record of the proceeding, the original recording or
					 a copy will be provided to the arbitrator at the close of the proceeding if the
					 arbitrator so requests. At the arbitrator's request, DADS shall also record
					 prehearing conferences.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.211 - Interpreters

Current through Reg. 49, No. 28; July 12, 2024
When an interpreter will be needed for all or part of a
					 proceeding, a party shall file a written request at least seven days before the
					 setting. SOAH shall provide and pay for:
(1) an interpreter for deaf or hearing
				  impaired parties and subpoenaed witnesses in accordance with the APA,
				  §2001.055;
(2) reader services
				  or other communication services for blind and sight impaired parties and
				  witnesses; and
(3) a certified
				  language interpreter for parties and witnesses who need that service.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.213 - Communication of Parties with Arbitrator

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS and the facility shall not
				  communicate with the arbitrator other than at an oral hearing, or through
				  properly filed documents, unless the parties and the arbitrator agree
				  otherwise.
(b) Any oral or written
				  communication from the parties, other than a communication authorized under
				  subsection (a) of this section, shall be directed to SOAH for transmittal to
				  the arbitrator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.215 - Date, Time, and Place of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The arbitration hearing shall be
				  scheduled to begin no later than the 90th day after the date that the
				  arbitrator is selected.
(b) The
				  arbitrator shall set the date, time, and place for each hearing. She/he shall
				  send a notice of hearing to the parties at least 30 days in advance of the
				  hearing date, unless otherwise agreed to by the parties. A copy of such notice
				  shall be simultaneously filed with SOAH by the arbitrator.
(c) The arbitrator may grant a continuance of
				  the arbitration at the request of DADS or the facility. The arbitrator may not
				  unreasonably deny a request for a continuance.
(d) Arbitration hearings normally will be
				  held at SOAH's hearings facility in Austin, Texas. If a party seeks to have the
				  arbitration hearing held elsewhere, the party shall submit a written request to
				  the arbitrator and make a showing of good cause. The arbitrator shall have sole
				  discretion to determine whether to grant such a request. If the arbitrator
				  grants the request, the arbitrator shall determine how the incidental expenses
				  of holding the arbitration hearing outside of Austin will be apportioned
				  between the parties. Incidental expenses include the cost of renting a room for
				  the hearing and the arbitrator's travel expenses. Preference will be given to
				  using state facilities. The arbitrator may require that the incidental expenses
				  be paid in advance of the arbitration hearing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.217 - Representation

Current through Reg. 49, No. 28; July 12, 2024
Any party may be represented by counsel or other authorized
					 representative.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.219 - Attendance Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The arbitrator may
				  proceed in the absence of any party or representative of a party who, after
				  notice of the proceeding, fails to be present or to obtain a
				  continuance.
(b) An arbitrator may
				  not make an order solely on the default of a party and shall require the party
				  who is present to submit evidence, as required by the arbitrator, before
				  issuing an order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.221 - Public Hearings and Confidential Material

Current through Reg. 49, No. 28; July 12, 2024
Hearings held under this chapter shall be open to the
					 public. The parties are responsible for identifying any material that is
					 confidential by law and for taking appropriate measures to ensure that such
					 material remains confidential during the hearing. All exhibits shall be
					 returned to DADS following the issuance of the order by the arbitrator, where
					 they shall be maintained in accordance with DADS' rules.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.223 - Order of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Opening
				  statements. The arbitrator may ask each party to make an opening statement to
				  clarify the issues involved.
(b)
				  The complaining party shall then present evidence to support its claim. The
				  defending party shall then present evidence to support its claim. Witnesses for
				  each party shall answer questions propounded by the other party and the
				  arbitrator.
(c) The arbitrator has
				  the discretion to vary this procedure but shall afford a full and equal
				  opportunity to all parties for the presentation of any material and relevant
				  evidence within the time frames set by the arbitrator.
(d) Exhibits offered by either party may be
				  received in evidence by the arbitrator.
(e) The parties may make closing statements
				  as they desire, but the record may not remain open for written briefs unless
				  ordered by the arbitrator. If the arbitrator requests briefs the arbitration
				  hearing shall be deemed "closed" on the date that the last requested brief is
				  filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.225 - Control of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
The arbitrator shall exercise reasonable control over the
					 proceedings, including but not limited to the manner and order of interrogating
					 witnesses and presenting evidence so as to:
(1) make the interrogation and presentation
				  effective for the determination of the truth;
(2) avoid needless consumption of time;
				  and
(3) protect witnesses from
				  harassment or undue embarrassment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.227 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties may offer evidence as they
				  desire and shall produce additional evidence that the arbitrator considers
				  necessary to understand and resolve the dispute. However, any documentary
				  evidence not properly exchanged between the parties before the hearing will be
				  excluded from consideration unless good cause is shown.
(b) The arbitrator is the judge of the
				  relevance and materiality of the evidence offered. Strict conformity to the
				  rules of judicial proceedings is not required. The Texas Rules of Evidence are
				  not binding on the arbitrator but may be used as a guideline.
(c) Each party shall produce any witnesses
				  under its control without the necessity of a subpoena. Individuals may be
				  compelled by the arbitrator, as provided under the Texas General Arbitration
				  Act, Texas Civil Practice and Remedies Code, § 171.007, to attend and give
				  testimony or to produce documents at the arbitration proceeding or at a
				  deposition allowed under this Subchapter, §163.205.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.229 - Witnesses

Current through Reg. 49, No. 28; July 12, 2024
Witnesses shall testify under oath. Testimony may be
					 presented in a narrative, without strict adherence to a "question and answer"
					 format.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.231 - Exclusion of Witnesses

Current through Reg. 49, No. 28; July 12, 2024
Any party may request that the arbitrator exclude witnesses
					 from the hearing except when they are testifying. If such a request is made,
					 the arbitrator shall instruct the witnesses not to discuss the case outside the
					 official hearing other than with the designated representatives or attorneys in
					 the case. However, an individual who is a party or any other single party
					 representative shall not be excluded under this rule. A witness or other person
					 violating these instructions may be punished by the exclusion of evidence as
					 the arbitrator deems appropriate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.233 - Evidence by Affidavit

Current through Reg. 49, No. 28; July 12, 2024
The arbitrator may receive and consider evidence of
					 witnesses by affidavit. Affidavit testimony must be filed with the arbitrator
					 and served on the other party no later than 30 days before the hearing. The
					 other party will have 15 days to file any objection to the admissibility of the
					 affidavit or to file controverting affidavits. The arbitrator shall give such
					 evidence only such weight as the arbitrator deems it entitled to after
					 consideration of any objection made to its admission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter E - ARBITRATION PROCEEDINGS › Section 163.235 - Evidence Filed After the Hearing

Current through Reg. 49, No. 28; July 12, 2024
If the parties agree or the arbitrator directs that
					 documents or other evidence be submitted to the arbitrator after the hearing,
					 all parties shall be afforded an opportunity to examine such documents or other
					 evidence. Such materials shall be served as provided in Subchapter C of this
					 Chapter, §163.101.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter F - ARBITRATION ORDER › Section 163.251 - Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The arbitrator may enter any order
				  consistent with state and federal law applicable to a dispute described in
				  Subchapter B of this Chapter, §163.51.
(b) The order shall be entered no later than
				  the 60th day after the close of the arbitration hearing.
(c) The arbitrator shall base the order on
				  the facts established in the arbitration proceeding, including stipulations of
				  the parties; and on the state and federal statutes and formal rules and
				  regulations, as properly applied to those facts.
(d) The order must:
(1) be in writing;
(2) be signed and dated by the arbitrator;
				  and
(3) include a list of
				  stipulations on uncontested issues and a statement of the arbitrator's
				  decisions on all contested issues. If requested by either of the parties, the
				  decision shall contain findings of fact and conclusions of law on controverted
				  issues.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter F - ARBITRATION ORDER › Section 163.253 - Effect of Order

Current through Reg. 49, No. 28; July 12, 2024
An order of an arbitrator under this chapter is final and
					 binding on all parties. A party's right to appeal is limited to the provisions
					 of the Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 163 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING CONVALESCENT AND NURSING HOMES › Subchapter F - ARBITRATION ORDER › Section 163.255 - Clerical Error

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of correcting clerical errors, an
					 arbitrator retains jurisdiction of the order for 20 days after the date of the
					 order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				governs the procedures of the State Office of Administrative Hearings (SOAH)
				concerning appeals by property owners from orders of an appraisal review
				board.
(b) These rules shall be
				construed to ensure the fair and expeditious determination of every
				action.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Administrative law
				judge or judge--An individual appointed to serve as a presiding officer by
				SOAH's chief administrative law judge under Texas Government Code, Chapter
				2003.
(2) Appeal--An appeal brought
				under this chapter by a property owner from a board order determining a protest
				concerning appraisal or market value of property.
(3) Attorney's fees--An award of attorney's
				fees as provided for in Texas Tax Code, §
									RSA
				42.29.
(4) Board--An appraisal review
				board.
(5) Board order--An order of
				a board determining a protest concerning the appraised or market value of
				property brought under Texas Tax Code, §
									RSA 41.41(a)(1) or
				(2), if the appraised or market value of the
				property that was the subject of the protest, as determined by the board order,
				is more than $1 million.
(6) Chief
				Judge--The chief administrative law judge of SOAH.
(7) Costs of Appeal--The costs to be paid by
				the appraisal district or the property owner under §
									RSA 165.25 of this
				title (relating to Determination). The costs of appeal include the time spent
				by a judge on a case referred under this chapter calculated at the rate of $100
				per hour for services rendered, consistent with the rate approved by the
				Legislature in the General Appropriations Act. Costs also include travel
				expenses (including transportation, meals, and lodging expenses determined
				under state travel rules), postage, long distance telephone charges, court
				reporter charges and transcripts, and other similar expenses.
(8) Prevailing property owner--A property
				owner who achieves a reduction in the appraised or market value of the property
				that is the subject of the appeal.
(9) SOAH--The State Office of Administrative
				Hearings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.5 - Applicability of Other SOAH Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Other
				SOAH rules of procedure found at Chapters 155, 157, and 161 of this title
				(relating to Rules of Procedure; Temporary Administrative Law Judges; and
				Requests for Records) apply in appeals under this chapter unless specific
				applicable procedures are set out in this chapter. The rules in this chapter
				control to the extent there is a conflict with the rules in Chapters 155, 157,
				and 161 of this title. Except as inconsistent with this chapter, the rules from
				other chapters that specifically apply include:
(1)
										§
										RSA 155.7 of
				this title (relating to Computation of Time);
(2)
										§
										RSA 155.51 of this
				title (relating to Jurisdiction);
(3)
										§
										RSA
				155.151 of this title (relating to Assignment
				of Judges to Cases);
(4)
										§
										RSA 155.153 of
				this title (relating to Powers and Duties);
(5)
										§
										RSA 155.155 of this title
				(relating to Orders);
(6)
										§
										RSA 155.157
				of this title (relating to Sanctioning Authority);
(7)
										§
										RSA
				155.423 of this title (relating to Making a
				Record of the Proceeding);
(8)
										§
										RSA 155.425
				of this title (relating to Procedure at Hearing);
(9)
										§
										RSA 155.431
				of this title (relating to Conduct and Decorum);
(10)
										§
										RSA
				157.1 of this title (relating to Temporary
				Administrative Law Judges); and
(11)
										§
										RSA
				161.1 of this title (relating to Charges for
				Copies of Public Information).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 165 - RULES OF PROCEDURE FOR APPRAISAL REVIEW BOARD APPEALS › Section 165.7 - Board Orders that May Be Appealed

Current through Reg. 49, No. 28; July 12, 2024
A property owner may appeal a board order determining a
				  protest concerning the appraised or market value of property under Texas Tax
				  Code, §
									RSA
				  41.41(a)(1) or of the
				  unequal appraisal under Texas Tax Code, §
									RSA
				  41.41(a)(2) if the following
				  prerequisites are met:
(1) The
				appraised or market value of the property that was the subject of the protest
				is more than $1 million, as determined by the board order; and
(2) The board order at issue in the appeal
				concerns a determination of the appraised or market value of real or personal
				property other than industrial property.