1. (a) The department will refer a contested case to SOAH by filing a Request to Docket form and related documents as required under SOAH rules as follows:

   1. (1) if the department receives a timely request for a hearing and the parties are unable to informally resolve or dispose of the case;
   2. (2) if the department receives a timely appeal under §§224.122, 224.124, or 224.126; or
   3. (3) the contested case falls under §218.64 of this title (relating to Rates) and Transportation Code, §643.154.
2. (b) When SOAH accepts the department's Request to Docket, jurisdiction of the contested case transfers to SOAH.

Source Note:The provisions of this §224.128 adopted to be effective June 1, 2024, 49 TexReg 2771.