34 Tex. Admin. Code § 101.16 - Conduct of Contested Case Hearings

(a) After the filing of a request for a contested case hearing pursuant to these rules, or after the filing of a third-party answer under Section 101.12 of this title (relating to Contest of Application: Form and Content), the director shall cause the contested case to be docketed in the State Office of Administrative Hearings (SOAH), by filing with the SOAH a "Request for Setting of Hearing" or a "Request for Assignment of Administrative Law Judge" as the director deems appropriate, along with a certified copy of the pleadings, orders, and other relevant documents in the System's files at that time concerning the issues in dispute.

(b) After the case has been docketed with the SOAH and an administrative law judge has been assigned, the director shall notify all parties to the proceeding of the actions taken. Thereafter, any amended pleading or any motion filed in connection with the case, including, but not limited to, motions for continuance, discovery, settings and other relief, shall be filed with the SOAH at its office in Austin, Texas, until such time as the proposal for a decision has been presented to the board of trustees as hereinafter provided.

(c) At least 10 days prior to the hearing, the director shall give notice to all parties as required by §2001.051 of the Administrative Procedure Act (Chapter 2001, Government Code).

(d) The hearing will be conducted by an administrative law judge assigned by the SOAH, and shall be conducted in accordance with the Administrative Procedure Act (Chapter 2001, Government Code), these rules, and the rules adopted by the SOAH. Hearings will be conducted in Travis County.

(e) Parties to the hearing, including the system, may be represented by counsel. All parties, including the system, may introduce testimony of witnesses, records, documents, and other evidence relevant to the claim or matter which is the subject of the hearing. The administrative law judge shall have authority to administer oaths, examine witnesses, rule on the admissibility of evidence, recess the hearing from day to day, or to a specified date, and otherwise to regulate and conduct the hearing to the end that the issues may be presented fairly and with order and decorum.

(f) The provisions of the Administrative Procedure Act (Chapter 2001, Government Code) shall govern the admissibility of evidence, but the system will take notice of any facts established by its records unless a party to the proceedings files a written protest of its validity.

Notes

34 Tex. Admin. Code § 101.16

The provisions of this §101.16 adopted to be effective July 27, 1976, 1 TexReg 1929; amended to be effective January 27, 2000, 25 TexReg 389; amended to be effective January 1, 2006, 30 TexReg 7886