1. (a) Administrative hearings in cases conducted by SOAH shall be conducted in accordance with the APA, when applicable, and with this chapter; provided that the administrative law judge may, by order, modify and supplement the requirements of this chapter to promote the fair and efficient handling of the case and to facilitate resolution of issues, if doing so does not prejudice the rights of any person or contravene applicable statutes.
2. (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.
3. (c) The procedural rules of the state agency on behalf of which the hearing is conducted govern procedural matters that relate to the hearing only to the extent that these rules adopt the agency's procedural rules by reference, or as otherwise required by law.
4. (d) If there is any conflict between these rules and the procedural rules of the TCEQ adopted in §155.1 of this title (relating to Purpose and Scope), TCEQ's rules will control.
5. (e) 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.
6. (f) If there is any conflict between these rules and the procedural rules of ERS referenced in §155.1 of this title, the ERS rules will control.
7. (g) 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 judge 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 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.
8. (h) Unless otherwise expressly provided, the past, present, or future tense shall each include the other; the masculine, feminine, or neuter genders shall each include the other; and the singular and plural number shall each include the other.
9. (i) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

Source Note:The provisions of this §155.3 adopted to be effective January 2, 1998, 22 TexReg 12719; amended to be effective April 28, 2002, 27 TexReg 3333; amended to be effective March 3, 2004, 29 TexReg 1855.