- (a) This chapter governs the procedures of the State Office of Administrative Hearings (SOAH). These procedures apply in all matters referred to SOAH, including contested cases under the Administrative Procedure Act (APA), Tex. Gov't Code Chapter 2001. These procedures do not apply to matters otherwise addressed by statute or to matters that are otherwise limited by the provisions of this chapter.
- (b) Administrative License Suspension cases initiated by the Texas Department of Public Safety are governed by Chapter 159 of this title (relating to Rules of Procedure for Administrative License Suspension Hearings).
- (c) Arbitration procedures for certain enforcement actions of the Texas Department of Aging and Disability Services are governed by Chapter 163 of this title (relating to Arbitration Procedures for Certain Enforcement Actions of the Texas Department of Aging and Disability Services).
- (d) SOAH adopts by reference the procedural rules of the Public Utility Commission of Texas (PUC) and the Texas Commission on Environmental Quality (TCEQ) that address the contested case process in matters referred by those agencies and that are not inconsistent with applicable law. This adoption does not include any PUC or TCEQ rules addressing the use of Alternative Dispute Resolution (ADR) processes at SOAH. Those ADR processes are governed by the Governmental Dispute Resolution Act, 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.
- (e) Under Tex. Gov't Code §815.102, the procedural rules of the Employees Retirement System of Texas (ERS) govern the formal contested case process in matters it refers to SOAH.
Source Note:The provisions of this §155.1 adopted to be effective November 26, 2008, 33 TexReg 9451.