The State Office of Administrative Hearings (SOAH) is governed by Texas Government Code Chapters 2001 and 2003. The statutes, or laws, in these chapters outline the authority and framework under which the agency carries out its operations. Chapter 2003 provides the enabling statutes for SOAH and Chapter 2001 provides the administrative procedures for which SOAH must follow.
|Texas Gov't Code Chapter 2003: State Office of Administrative Hearings|
|Texas Gov't Code Chapter 2001: Administrative Procedure Act|
SOAH is further governed by a set of state agency rules that have the effect of law in order to help the agency administer and carry out its statutes. SOAH’s rules can be found in Title 1, Part 7 of the Texas Administrative Code. Notably, Chapter 155 contains SOAH’s rules of procedure for General Hearings and Chapter 159 contains the specific rules of procedure for Administrative License Revocation Hearings.
|Texas Administrative Code Chapter 155: SOAH's Procedural Rules|
|Texas Administrative Code Chapter 159: Administrative License Revocation Rules|
Every proceeding at SOAH is governed by a set of procedural rules and in most cases SOAH’s own procedural rules apply. However, different procedural rules apply in some hearings at SOAH.
Administrative Rules and Laws
Hearings at the State Office of Administrative Hearings usually involve two sources of law:
- The statute or code (for example, the Texas Insurance Code or the Texas Water Code) of the referring agency. These can be found in the Texas Statutes .
- The referring agency’s rules, including substantive rules that are different from procedural rules. These can be found in the Texas Administrative Code .
Additionally, for some hearings, federal law may also be involved.
Individuals with Disabilities Education Act (IDEA) Rules and Laws
|Individuals with Disabilities Education|
|Individuals with Disabilities Education Act Federal Regulations (C.F.R.)|
|Special Education Rules and Regulations|
Other Procedural Rules of Referring Agencies