- (a) Unless otherwise provided by statute or by the provisions of this chapter, this chapter will govern the processes followed by the State Office of Administrative Hearings (SOAH) in handling all matters referred to SOAH, including contested cases under the Administrative Procedure Act (APA), Tex. Gov't Code, Chapter 2001. Administrative License Suspension cases initiated by the Department of Public Safety are governed by Chapter 159 of this title (relating to Rules of Procedure for Administrative License Suspension Hearings). Arbitration procedures for certain enforcement actions of the Department of Human Services are governed by Chapter 163 of this title (relating to Arbitration Procedures for Certain Enforcement Actions of the Department of Human Services).
- (b) Subject to further review and possible modification or deletion of this subsection, SOAH adopts by this reference those procedural rules of the Public Utility Commission of Texas (PUC) and Texas Natural Resource Conservation Commission (TNRCC) in effect on July 1, 2001, which address the formal contested case process in matters referred by those agencies, and which are not inconsistent with applicable law. This adoption does not include any PUC or TNRCC rules addressing the use of Alternative Dispute Resolution (ADR) processes at SOAH, which processes will be governed by the Governmental Dispute Resolution Act (GDRA), Tex. Gov't Code, Chapter 2009; SOAH rule provisions pertaining to ADR; and interagency contracts, memoranda of understanding, or other written agreements with referring entities.
- (c) Under Tex. Util. Code §102.006(a) and Tex. Gov't Code §815.102, the procedural rules of the Railroad Commission of Texas (RRC) and the Employees Retirement System of Texas (ERS) govern the formal contested case process in matters referred by those agencies to SOAH.
Source Note:The provisions of this §155.1 adopted to be effective January 2, 1998, 22 TexReg 12719; amended to be effective April 28, 2002, 27 TexReg 3333.