1. (a) The State Office of Administrative Hearings (SOAH) acquires jurisdiction over a case when the agency refers a matter to SOAH by:

   1. (1) submitting to SOAH the required docket forms accompanied by legible copies of all pertinent documents, including but not limited to the complaint, petition, application, or other document describing the agency action giving rise to a contested case; and
   2. (2) requesting the setting of hearing, the assignment of an administrative law judge and/or the setting of alternative, dispute resolution proceeding, including but not limited to mediated settlement conference, mediation, or arbitration.
2. (b) Upon the agency request for the setting of a hearing, SOAH will provide the agency with the date, time, and place of the hearing.
3. (c) If the agency requests the assignment of an administrative law judge, SOAH will assign a judge to consider motions and other pre-hearing matters.
4. (d) If the agency requests an alternative dispute resolution proceeding, SOAH will initiate the processes necessary to select a mediator or arbitrator and provide the parties with the date, time, and place of the alternative dispute resolution proceeding.
5. (e) After a case has been placed on SOAH's docket, any party may move for appropriate relief, including but not limited to discovery and evidentiary rulings, continuances, and settings.

Source Note:The provisions of this §281.23 adopted to be effective December 30, 1998, 23 TexReg 13073.