(a) Administrative hearings in cases conducted by the Office shall be conducted in accordance with the APA, when applicable, and with this chapter; provided that:
- (1) the administrative law judge (ALJ) may, by order, modify the requirements of this chapter and supplement other procedural requirements of law, to promote the fair and efficient handling of the case; and
- (2) the ALJ may modify the procedural requirements of this chapter in appropriate cases to facilitate resolution of issues, if doing so does not prejudice parties' rights or contravene applicable statutes.
- (b) If there is any conflict between an agency's rules or prior decisions and statutory provisions applicable to the case, and the rules or decisions cannot be harmonized with the statute, the statute controls.
- (c) If there is any conflict between these rules and the procedural rules of the TNRCC adopted in §155.1 of this title (relating to Purpose and Scope), the TNRCC's rules will control.
- (d) If there is any conflict between these rules and the procedural rules of the PUC adopted in §155.1 of this title (relating to Purpose and Scope), the PUC's rules will control.
- (e) This chapter shall be construed to ensure the just and expeditious determination of every matter referred to SOAH. Not all contested procedural issues will be susceptible to resolution by reference to the APA and other applicable statutes, this chapter, and case law. When they are not, the presiding ALJ will consider applicable policy of the referring agency documented in the record in accordance with §155.53 of this title (relating to Consideration of Policy Not Incorporated in Referring Agency's Rules), the Texas Rules of Civil Procedure (TRCP) as interpreted and construed by Texas case law, and persuasive authority established in other forums, in order to issue orders and rulings that are just in the circumstances of the case.
Source Note:The provisions of this §155.3 adopted to be effective January 2, 1998, 22 TexReg 12719.