1. (a) Any application that is declared administratively complete on or after September 1, 1999 is subject to this section.

2. (b) When a case is referred to SOAH, the chief clerk shall:

   1. (1) file with SOAH a Request for Setting of Hearing form, or Request for Assignment of Administrative Law Judge form, whichever is appropriate;
   2. (2) coordinate with SOAH to determine a time and place for hearing;
   3. (3) issue public notice of the hearing as required by law and commission rules;
   4. (4) send a copy of the chief clerk's case file to SOAH; and
   5. (5) send the commission's list of disputed issues and maximum expected duration of the hearing to SOAH.
3. (c) In an enforcement case, the executive director's petition or Executive Director Preliminary Report shall serve as the list of issues or areas that must be addressed.
4. (d) When a case is referred to SOAH, only those issues referred by the commission or added by the judge under §80.4(c)(16) of this title (relating to Judges) may be considered in the hearing. The judge shall provide proposed findings of fact and conclusions of law only on those issues.

Source Note:The provisions of this §80.6 adopted to be effective September 23, 1999, 24 TexReg 8276.