31 Tex. Admin. Code § 2.3 - Jurisdiction

(a) The administrative law judge acquires jurisdiction over a contested case when the legal services division of the agency, or any person authorized by statute, files a request to docket a case in the form prescribed by the administrative hearings clerk, and in accordance with § 2.7 of this subchapter (relating to Filings).

(b) A request to docket a case shall be considered filed when the request to docket is received and file-marked by the administrative hearings clerk.

(c) A request to docket a case shall be submitted to the administrative hearings clerk, accompanied by legible copies of all pertinent documents (including, but not limited to, the original complaint, petition, or any other document describing agency action giving rise to a contested case, and a proper certificate of service).

(d) Once a contested case is docketed by the administrative hearings clerk, any party may move for appropriate relief, including, but not limited to, discovery and evidentiary rulings, continuances, and settings.

(e) The agency shall provide notice of hearing to a party, as required under the APA, §2001.051, and other applicable law.

(f) Hearings shall be conducted at the site designated by the administrative law judge in accordance with applicable law.

Notes

31 Tex. Admin. Code § 2.3

The provisions of this §2.3 adopted to be effective January 9, 2003, 28 TexReg 479