1. (a) Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office of Administrative Hearings.
2. (a-1) A hearing under Section 2301.204 or Subchapter M must be held by a hearings examiner.

3. (b) An administrative law judge and a hearings examiner have all of the board's power and authority as provided by this chapter to conduct hearings, including the power to:

   1. (1) hold a hearing;
   2. (2) administer an oath;
   3. (3) receive pleadings and evidence;
   4. (4) issue a subpoena to compel the attendance of a witness;
   5. (5) compel the production of papers and documents;
   6. (6) issue an interlocutory order, including a cease and desist order in the nature of a temporary restraining order or a temporary injunction;
   7. (7) make findings of fact and conclusions of law; and
   8. (8) issue a proposal for decision and recommend a final order.
4. (c) In a contested case hearing under Section 2301.204 or Subchapter M, a hearings examiner shall issue a final order.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 2, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 9, eff. January 1, 2014.