(a) The department shall refer contested cases to SOAH upon determination that a hearing is appropriate under Occupations Code, Chapter 2301 or 2302; Transportation Code, Chapters 502, 503, 621-623, 643, 645, or 1001-1005; or Transportation Code, §545.459(k), including contested cases relating to:
- (1) an enforcement complaint on the department's own initiative;
- (2) a notice of protest that has been timely filed in accordance with §215.106 of this title (relating to Time for Filing Protest);
- (3) a protest filed under Occupations Code, §2301.360 or a protest or complaint filed under Occupations Code, Chapter 2301, Subchapters I or J;
- (4) a department-issued cease and desist order; or
- (5) any other contested matter that meets the requirements for a hearing at SOAH.
- (b) The department will follow SOAH procedures to file a Request to Docket Case and related documents and request a setting of a hearing.
- (c) SOAH will provide the department with the date, time, and place of the initial hearing.
Source Note:The provisions of this §224.152 adopted to be effective June 1, 2024, 49 TexReg 2771; amended to be effective February 27, 2026, 50 TexReg 6528.