34 Tex. Admin. Code § 9.4312 - Scheduling a Protest Hearing
(a)
Referral of any matter to SOAH may only be made by the division.
(b) Subsequent to receiving a valid request
for a referral from a petitioner under §
9.4311 of this title (relating to
Prehearing Exchanges and Informal Conference Regarding Petition), the division
may file a request to docket a hearing with SOAH. At the time a request to
docket is filed, the division shall also provide to SOAH:
(1) a list of the grounds for objection being
referred;
(2) a copy of the
documents delivered by the division pursuant to §
9.4311(e) of
this title;
(3) a copy of the
portions of the petition relating to the grounds for objection being
referred;
(4) a copy of any
documentary evidence and supplemental documentary evidence timely submitted by
petitioner pursuant to this subchapter for grounds for objections being
referred; and
(5) a copy of witness
designations and identifications timely submitted by petitioner pursuant to
this subchapter for grounds for objections being referred.
(c) The documents submitted pursuant to
subsection (b)(1) - (5) of this section will be submitted in an organized
manner to facilitate reference to such documents by the ALJ.
(d) At the discretion of the division
director, the director may join matters referred to SOAH pursuant to this
section for purposes of the hearing.
(e) Following receipt of the request to
docket pursuant to this section, SOAH shall:
(1) assign the case a docket
number;
(2) assign an
ALJ;
(3) schedule the protest for
hearing to be held not later than 45 calendar days after the date of the
referral; and
(4) no later than 14
calendar days before the scheduled hearing, deliver notice of the date, time,
and location of the hearing to the parties identified in the request to docket.
Hearings scheduled pursuant to this section shall be held at a location
designated by SOAH. Notice under this subsection will be made by U.S. first
class mail, facsimile, email, or via an electronic filing and service system
utilized by SOAH.
(f)
Following receipt of the notice of the hearing date, time, and location from
SOAH pursuant to this section, the division shall deliver to petitioner a copy
of all documents that were submitted to SOAH pursuant to subsection (a) of this
section. Such copies of documents submitted to SOAH must be delivered, unless
otherwise agreed by the parties, not later than ten calendar days before the
date of the hearing. Service under this subsection will be made by U.S. first
class mail, facsimile, email or via an electronic filing and service system
utilized by SOAH.
Notes
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