1. (a) The State Office of Administrative Hearings (SOAH) acquires jurisdiction over a case when the Board files a written request for setting of hearing form or request for assignment of an administrative law judge form. A request for setting of hearing or for assignment of an administrative law judge shall be considered filed on the date the request form is received by the SOAH.
2. (b) The Board shall submit to the SOAH one of the following accompanied by copies of all pertinent documents (including but not limited to the complaint, petition, application, or other document describing Board action giving rise to a contested case), along with a written statement of applicable rules and policies: request for setting of hearing; or request for assignment of a judge. If the Board requests a setting for a hearing, the SOAH will provide the Board with the date, time, and place of such setting. If the Board requests an assignment of a judge, the SOAH will assign a judge to consider motions and other prehearing matters. After a cause has been set for hearing pursuant to a request for setting of hearing or has been assigned a judge pursuant to a proper request, any party may move for appropriate relief, including but not limited to discovery and evidentiary rulings, continuances, and settings, which will be ruled on by the SOAH.

Source Note:The provisions of this §5.243 adopted to be effective September 19, 1996, 21 TexReg 8684.