The following rule action was filed with the Texas Register on Friday, May 9, 2014, for publication in the May 23, 2014, issue:
Proposed Amendment to 1 TAC Chapter 159, Rules of Procedure for Administrative License Suspension Hearings, Subchapter C, Witnesses and Subpoenas, § 159.103, Subpoenas; and Subchapter E, Hearings and Prehearing, § 159.213, Failure to Attend Hearing and Default.
Summary: The proposed amendments to § 159.103 streamlines the process for compensating subpoenaed witnesses for their appearance at hearings. Currently, a party files a check with SOAH and the ALJ gives the check to the witness when the witness appears at the hearing. Many times the check has not been filed with SOAH before the hearing begins. Requiring the Defendant to give the witness the check when the witness is served will minimize errors related to mailing and transmitting checks to SOAH and will also eliminate filing errors.
The proposed amendments to § 159.213 are to clarify language and correct an error. Typically, a default would be granted after a sufficient number of days have passed since the notice of hearing was sent. The error in the current rule allows a judge to grant a default based on notice that is shorter than what is required in the APA, Tex. Gov’t Code, ch. 2001, § 2001.051.
Public Comment Period: May 23, 2014 - June 22, 2014.
Earliest Possible Date of Adoption: June 27, 2014.
Proposed Effective Date: Pending
The following rule action was filed with the Texas Register on Wednesday, May 14, 2014, for publication in the May 30, 2014, issue.
Adopted New 1 TAC Chapter 169, Procedures for Advancing Security for Costs and Assigning Responsibility for Costs in Hearings for the Texas Health and Human Services Commission Regarding Medicaid Payment Holds and Recoupment.
Summary: The new chapter is being adopted pursuant to the 83rd Legislative Session, S.B. 1803, which states that SOAH and the commission of the Texas Health and Human Service Commission (HHSC) shall jointly adopt rules regarding security for costs that a provider must advance when the provider requests an expedited payment hold administrative hearing or elects an administrative hearing at SOAH concerning an overpayment recoupment claim.
Effective Date: June 4, 2014.
The following rule action was filed with the Texas Register on Friday, March 7, 2014, for publication in the March 21, 2014, issue. A PDF version of the rules may be found here and the web version is available here.
Adopted Amendment to 1 TAC Chapter 165, Rules of Procedure for Appraisal Review Board Appeals, §§165.1, 165.3, 165.7, 165.9, 165.17, and 165.19.
Summary: The amendment is adopted in response to House Bill (HB 316), 83rd Texas Legislative Regular Session, which enacted changes to the program authorizing a property owner to appeal to SOAH certain appraisal review board (ARB) orders. The adopted changes consist of eliminating the pilot program and making the appeal process permanent and available statewide. The process has been expanded statewide to include all counties and the type of ARB orders that may be appealed expanded to include minerals. The amendment was adopted without changes from what was published as proposed.
Effective Date: March 27, 2014.
Adopted Repeal of 1 TAC §165.13.
Summary: The repeal is adopted to remove a rule no longer necessary in the appraisal review board appeal process. The repeal was adopted without changes from what was published as proposed.
Effective Date: March 27, 2014.
A request for a public hearing on a proposal submitted under the Administrative Procedure Act must be received by the State Office of Administrative Hearings not more than 14 calendar days after notice of the proposal has been published in the Texas Register. Unforeseen circumstances may delay publication of the agency rules in the Texas Register.
Please contact Debra Anderson at (512) 475-4931 with any questions.
SOAH's revised rule on summary disposition, 1 TAC § 155.505, became effective July 16, 2013.
SOAH's electronic Case Information System is now operational. Please click the “Electronic Case Files” link at the upper right-hand corner of this page for access. As part of this system, SOAH has new fax numbers for all general docket cases. The new numbers are:
512-322-2061 - Austin
512-322-0470 - Corpus Christi
512-322-0471 - Dallas
512-322-0472 - El Paso
512-322-0473 - Fort Worth
512-322-0474 - Houston
512-322-0475 - Lubbock
512-322-0476 - San Antonio
The new numbers should be used for all fax communications relating to any case other than the Department of Public Safety’s Administrative License Revocation (ALR) program. The fax numbers remain unchanged for ALR filings.
Documents containing confidential information or personal identifiers such as social security numbers or drivers’ license numbers should not be filed by fax in general docket cases. See SOAH Procedural Rules 155.101(b) and 155.413.
Click here for SOAH's procedural rules.
The mission of the State Office of Administrative Hearings is to conduct fair, prompt and efficient hearings and alternative dispute resolution (ADR) proceedings and to provide fair, logical and timely decisions.