reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.401 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of
				  hearing. A referring agency shall provide notice of hearing to all parties in
				  accordance with Tex. Gov't Code §§
										RSA
				  2001.051 and
				  RSA
				  2001.052 and shall include a specific
				  citation to Chapter 155 of this title unless applicable law provides otherwise.
				  The notice of hearing shall include the following language in 12-point,
				  bold-face type: "Parties that are not represented by an attorney may obtain
				  information regarding contested case hearings on the public website of the
				  State Office of Administrative hearings at www.soah.texas.gov, or in printed
				  format upon request to SOAH."
(b)
				  Judge's orders. A judge may issue orders regarding the date, time, and place
				  for hearing, and orders affecting the scope of the proceeding.
(c) Sufficiency of initial notice of hearing.
				  A notice of rescheduling of a hearing will not affect the sufficiency of an
				  initial notice of hearing provided by an agency under subsection (a) of this
				  section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.403 - Venue

Current through Reg. 49, No. 28; July 12, 2024
(a) Neutral hearing site. SOAH will designate
				  a neutral hearing site in accordance with applicable law.
(b) Factors judge may consider. In
				  designating a hearing site not in Austin, the judge may consider the following
				  factors:
(1) the amount in
				  controversy;
(2) the number of
				  persons in the geographical region affected by the outcome of the
				  hearing;
(3) the estimated length
				  of the hearing;
(4) the
				  availability of hearing facilities;
(5) the costs to and preferences of the
				  parties;
(6) the location of
				  witnesses;
(7) the availability and
				  feasibility of videoconference technology as a means to reduce costs to SOAH
				  and the parties;
(8) legislative
				  restrictions on travel; and
(9) any
				  applicable law or other factor relevant to the fair and expeditious resolution
				  of the case.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.405 - Participation by Telephone or Videoconference

Current through Reg. 49, No. 28; July 12, 2024
(a) Request to appear by telephone. A party
				  may request to appear or present testimony by telephone or to present the
				  testimony of a witness by telephone.
(1) To
				  appear or present testimony by telephone, a party must file a motion no later
				  than ten days before the proceeding unless a different time period is allowed
				  by the judge.
(2) A motion shall
				  include at least the following:
(A) the
				  reason for the request;
(B) the
				  name of the party or witness who will appear by phone;
(C) the telephone number at which the party
				  or witness may be reached at the time of the proceeding;
(D) a statement that the party or witness
				  will be the same person who will appear by telephone at the proceeding;
				  and
(E) a certificate of conference
				  complying with §
												RSA
				  155.305(b)(2) of this
				  chapter.
(3) A timely,
				  unopposed motion will be deemed granted without the necessity of an order,
				  unless denied by order.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.407 - Interpreters

Current through Reg. 49, No. 28; July 12, 2024
(a) A party or witness who needs an
				  interpreter or translator in order to participate in a proceeding shall file a
				  written request at least seven days before the setting. A timely, unopposed
				  request will be deemed granted without the necessity of an order, unless denied
				  by order.
(b) SOAH shall provide
				  and pay for the following:
(1) an interpreter
				  for hearing-impaired parties and witnesses, in accordance with Tex. Gov't Code
				  §
											RSA
				  2001.055;
(2) reader services or other communication
				  services for visually-impaired parties and witnesses; and
(3) a certified language
				  interpreter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.409 - Public Attendance and Comment

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Proceedings open to public. Unless prohibited by law, all SOAH proceedings are
				  open to the public.
(b) Removal of
				  persons from proceeding. The judge retains the authority to remove persons
				  whose conduct impedes the orderly progress of the proceeding and to take
				  necessary steps to limit attendance due to any physical limitations of the
				  hearing facility.
(c) Public
				  comment. When authorized by statute, members of the public shall be allowed to
				  make public comment addressing matters pertinent to the issues in the case.
				  Unless provided by law, public comment is not part of the evidentiary record of
				  the case.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.411 - Media Coverage and Use of Recording Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) When coverage is permitted. Proceedings
				  that are open to the public may be photographed or recorded, whether for
				  broadcast or personal use, in a manner that does not interfere with the orderly
				  conduct of the proceeding, unduly distract participants, or impair the dignity
				  of the proceedings. A person desiring to photograph or record a SOAH proceeding
				  must notify the judge before doing so. Photographing or recording in a covert
				  manner is prohibited.
(b) Recording
				  or photographing any of the following is prohibited:
(1) proceedings that are closed to the
				  public;
(2) conferences between an
				  attorney and client, witness, or aide, or between attorneys;
(3) bench conferences or other deliberations
				  of the judge(s); or
(4) other
				  privileged or confidential communications.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.415 - Party Agreements

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided in this chapter, no agreement
					 between attorneys or parties regarding a contested case pending before SOAH
					 will be enforced unless it is in writing, signed, and filed with SOAH or
					 entered on the record at the hearing or prehearing
					 conference.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.417 - Stipulations

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. Subject to the judge's
				  approval, the parties may stipulate to any factual, legal, or procedural
				  matters.
(b) Record of
				  stipulations. A stipulation must be filed in writing or stated on the
				  record.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.419 - Consideration of Policy Not Incorporated in Referring Agency's Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Agency policy. A party relying on a
				  specific, written agency policy not incorporated in a rule has the burden of
				  authenticating the policy and showing it to be applicable to a factual or legal
				  issue in the case.
(b) Judge's
				  consideration of agency policy. In resolving contested issues, the judge shall
				  consider any applicable agency policy not incorporated in the agency's rules
				  that is written and supported by the evidence. The judge's decision or
				  recommendation on whether to apply an agency's policy will depend upon the
				  nature and context of the policy, any request to apply it, and other factors
				  such as:
(1) the extent to which the parties
				  were given notice of the policy, including whether:
(A) the policy was made available through a
				  generally accessible internet site as provided in Tex. Gov't Code §
												RSA
				  2001.007(a);
(B) the parties had adequate opportunity to
				  address it in the presentation of their cases and arguments; and
(C) a party opposes application of the policy
				  in the case;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.421 - Certification of Issues

Current through Reg. 49, No. 28; July 12, 2024
In cases referred by the PUC and the TCEQ, a party may move
					 to certify an issue to the respective commission. A judge may also certify an
					 issue without a motion. Certified issues are governed by the rules of the PUC
					 and the TCEQ.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.423 - Making a Record of the Proceeding

Current through Reg. 49, No. 28; July 12, 2024
(a) Record of proceedings. A record will be
				  made of all contested case proceedings and prehearing conferences.
(b) Court reporters. Unless otherwise ordered
				  by the judge, the referring agency shall provide a court reporter for a
				  proceeding set to last longer than one day.
(c) SOAH's responsibility. For a proceeding
				  in a docket set to last no longer than one day, SOAH is responsible for making
				  an audio recording of the proceeding unless otherwise ordered by the judge. If
				  SOAH has recorded the proceeding, a party may request a copy of the recording
				  from SOAH.
(d) Transcripts. If a
				  court reporter is provided for a proceeding, the court reporter shall make a
				  stenographic record of the proceeding but shall prepare a transcript only on
				  the request of a party or the judge. If a proceeding lasts longer than one day,
				  the judge may order that a transcript be prepared.
(1) The original transcript shall be filed
				  with SOAH, and SOAH may assess the cost of the transcript to one or more of the
				  parties.
(2) The cost of a copy of
				  a transcript ordered by a party shall be paid by that party, unless otherwise
				  ordered by the judge.
(3) The
				  transcript prepared according to these procedures becomes part of the official
				  record of the proceedings for purposes of all actions within SOAH's
				  jurisdiction.
(4) Proposed written
				  corrections of purported transcript errors must be filed with SOAH and served
				  on the parties and the court reporter before issuance of the proposal for
				  decision or final decision. The judge may establish deadlines for the filing of
				  proposed corrections and responses. The transcript will be corrected only upon
				  order of the judge.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.425 - Procedure at Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Control of the
				  hearing. The judge shall exercise reasonable control over the mode and order of
				  presenting preliminary matters, pending motions, opening statements, witness
				  testimony and other evidence, oral or written closing argument, and other
				  processes in the hearing.
(b)
				  Designation of order of parties' presentations. The judge will designate the
				  order in which the parties will present evidence and argument. Generally, the
				  party with the burden of proof will present evidence first and will open and
				  conclude oral argument. The judge shall designate the party with the burden of
				  proof in accordance with §
										RSA 155.427 of
				  this chapter.
(c) Waiver of
				  allegations. An allegation contained in the notice of hearing, complaint, or
				  other pleading that is not addressed during the proceeding may be deemed
				  waived.
(d) Closing arguments.
				  Closing arguments may be made orally or, when ordered by the judge, in
				  writing.
(e) Closing the
				  evidentiary record. Unless otherwise ordered by the judge, the record will
				  close at the later of:
(1) the end of the
				  hearing; or
(2) the date the final
				  brief is due, when closing arguments are made in writing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.427 - Burden of Proof

Current through Reg. 49, No. 28; July 12, 2024
In determining which party bears the burden of proof, the
					 judge shall first consider the applicable statute, the referring agency's
					 rules, and the referring agency's policy in accordance with §
										RSA
					 155.419 of this chapter. After considering
					 those sources, the judge may consider additional factors, including:
(1) the status of the parties;
(2) the parties' relative access to and
				  control over information pertinent to the merits of the case;
(3) the party seeking affirmative
				  relief;
(4) the party seeking to
				  change the status quo; and
(5)
				  whether a party would be required to prove a negative.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.429 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules of evidence.
(1) The Texas Rules of Evidence as applied in
				  a nonjury civil case in district court govern contested case hearings conducted
				  by SOAH.
(2) Evidence may be
				  admitted if it meets the standards set out in Tex. Gov't Code §
											RSA
				  2001.081.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter I - HEARINGS AND PREHEARINGS › Section 155.431 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Standards of
				  conduct. Parties, representatives, and other participants shall conduct
				  themselves with dignity, show courtesy and respect for one another and for the
				  judge, follow any additional guidelines of decorum prescribed by the judge, and
				  adhere to the time schedule. Attorneys shall adhere to the standards of conduct
				  in the Texas Lawyers' Creed promulgated by the Texas Supreme Court.
(b) Judge's authority. To maintain and
				  enforce proper conduct and decorum, the judge may take appropriate action,
				  including:
(1) issuing a warning;
(2) sanctioning a party pursuant to §
											RSA 155.157
				  of this chapter;
(3) excluding
				  persons from the proceeding; and
(4) recessing the proceeding.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter J - DISPOSITION OF CASE › Section 155.501 - Failure to Attend Hearing and Default Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) If a party fails to appear for the
				  hearing, the opposing party may move to proceed in that party's absence on a
				  default basis.
(b) A motion for a
				  default proceeding under this section must be supported by adequate proof of
				  the following:
(1) the notice of hearing
				  included a disclosure in at least 12-point, bold-face type that the factual
				  matters asserted in the notice or pleadings could be deemed admitted and that
				  the relief sought might be granted by default against the party that fails to
				  appear at the hearing;
(2) the
				  notice of hearing satisfies the requirements of Tex. Gov't Code §
											RSA 2001.051 and
				  § 2001.052, and §
											RSA 155.401 of
				  this chapter; and
(3) the notice of
				  hearing and any pleadings sought to be admitted were:
(A) issued or received by the defaulting
				  party; or
(B) properly served to
				  the defaulting party or their attorney.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter J - DISPOSITION OF CASE › Section 155.503 - Dismissal

Current through Reg. 49, No. 28; July 12, 2024
(a) Voluntary dismissal or non-suit.
(1) At any time before the date set by the
				  judge for close of the record, the party that bears the burden of proof may
				  move to dismiss a case or take a non-suit. Notice of the dismissal or non-suit
				  shall be served on all parties in accordance with §
											RSA
				  155.105 of this chapter.
(2) Upon filing of a motion to dismiss or
				  take a non-suit, the judge shall promptly dismiss the case from SOAH's docket,
				  unless such disposition would prevent a party from seeking relief to which it
				  would otherwise be entitled.
(3)
				  Any dismissal under this subsection shall have no effect on any motion for
				  sanctions or costs pending at the time of dismissal, as determined by the
				  judge.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter J - DISPOSITION OF CASE › Section 155.505 - Summary Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) Final decision
				  or proposal for decision on summary disposition. Summary disposition shall be
				  granted on all or part of a contested case if the pleadings, the motion for
				  summary disposition, and the summary disposition evidence show that there is no
				  genuine issue as to any material fact and that the moving party is entitled to
				  a decision in its favor as a matter of law on all or some of the issues
				  expressly set out in the motion. Summary disposition is not permitted based on
				  the ground that there is no evidence of one or more essential elements of a
				  claim or defense on which the opposing party would have the burden of proof at
				  hearing.
(b) Deadlines. Unless
				  otherwise ordered by the judge:
(1) A party
				  may file a motion for summary disposition at any time after SOAH acquires
				  jurisdiction over a case, but the motion must be filed at least 30 days before
				  a scheduled hearing on the merits.
(2) The response and opposing summary
				  disposition evidence shall be filed no later than 15 days after the filing of
				  the motion.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter J - DISPOSITION OF CASE › Section 155.507 - Proposals for Decision; Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Submission of the proposal for decision.
				  For contested cases in which a proposal for decision is issued, the judge shall
				  submit the proposal for decision to the referring agency and furnish a copy to
				  each party.
(b) Exceptions and
				  replies. The parties may submit to the judge and the referring agency
				  exceptions to the proposal for decision and replies to exceptions to the
				  proposal for decision.
(1) Unless the
				  referring agency's rules apply by statute, exceptions shall be filed within 15
				  days after the date the proposal for decision is issued.
(2) A reply to the exceptions shall be filed
				  within 15 days of the filing of the exceptions.
(3) A motion to change the time to file
				  exceptions or replies to exceptions shall be filed no later than the applicable
				  deadline. The judge may change the time to file exceptions or replies if:
(A) good cause is shown for the requested
				  change; or
(B) all parties
				  agree.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 155 - RULES OF PROCEDURE › Subchapter J - DISPOSITION OF CASE › Section 155.509 - Final Decisions; Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Final decisions. For contested cases in
				  which the judge issues a final decision, the judge shall furnish a copy of the
				  decision to the referring agency and to each party.
(b) Motions for rehearing. Motions for
				  rehearing shall be filed and handled in accordance with Tex. Gov't Code Chapter
				  2001, Subchapter F.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter A - GENERAL INFORMATION › Section 156.1 - 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 247 as it may be amended from time to time.
(6) DADS--The Department of Aging and
				  Disability Services.
(7)
				  Facility--An assisted living facility as defined by the Code
				  §247.002(1).
(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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter A - GENERAL INFORMATION › Section 156.3 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter A - GENERAL INFORMATION › Section 156.5 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 156.51 - Opportunity to Elect Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 E:
(1) renewal of a license under
				  §247.023;
(2) suspension,
				  revocation, or denial of a license under §247.041;
(3) assessment of a civil penalty under
				  §247.045; or
(4) assessment of
				  an administrative penalty under §247.0451.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS › Chapter 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 156.53 - Notice of Election of Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Code §247.082(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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 156.55 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 156.57 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter B - ELECTION AND INITIATION OF ARBITRATION › Section 156.59 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter C - FILING AND SERVICE OF DOCUMENTS › Section 156.101 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 156.151 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 156.153 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 156.155 - 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, §156.151(d)
					 (relating to Selection of Arbitrator). 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 156.157 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 156.159 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter D - SELECTION OF ARBITRATOR AND COSTS › Section 156.161 - 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, pre-hearing 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.201 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.203 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.205 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.207 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.209 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.211 - 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 156 - ARBITRATION PROCEDURES FOR CERTAIN ENFORCEMENT ACTIONS OF THE DEPARTMENT OF AGING AND DISABILITY SERVICES REGARDING ASSISTED LIVING FACILITIES › Subchapter E - ARBITRATION PROCEEDINGS › Section 156.213 - 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.