Interim Operating and Transition Plan

Interim Operating and Transition Plan

WHEREAS, the national and state public health emergency declarations relating to COVID-19 have, or will soon be, ended; and

WHEREAS, best practices for avoiding and addressing backlogs associated with the pandemic include the continued use of remote hearing technologies, and the use of hybrid hearings in which some participants appear in-person and others are permitted to appear remotely; and

WHEREAS, the use of remote appearances and hybrid hearings to conduct legal proceedings by SOAH and other courts has proven to offer an efficient, accessible, and cost-effective means of allowing parties, attorneys, witnesses, and others to participate in administrative hearings; and

WHEREAS, the regular and continued use of remote hearings for some dockets is necessary to promote the scheduling of hearings at the earliest possible date, avoid delay in the resolution of cases, and minimize disruption caused by ACTS implementation;

NOW THEREFORE, the State Office of Administrative Hearings will implement the following Interim Operating and Transition Plan, effective as of April 1, 2023, and continuing until further notice:

I. General Office Operations

1. All SOAH employees are expected to adhere to this this Interim Operating and Transition Plan.

2. All SOAH offices will be open for business Monday to Friday, 8:00 a.m. to 5:00 p.m.

3. The Chief Clerk’s Office in SOAH’s Austin Headquarters Office will be staffed at all times during regular business hours, Monday through Friday, with essential staff necessary to process filings.

4. Field offices statewide will be staffed with sufficient personnel in the office during regular business hours to perform essential tasks each business day. Staffing levels may be determined by the office Lead administrative law judge (ALJ or judge) in coordination with the Deputy Chief ALJ for ALR and Field Operations.

5. Employees and visitors may not be required to wear a face covering or show documentation of their COVID-19 vaccination status as a condition of access to SOAH facilities.

6. There are no restrictions on in-person staffing levels at SOAH offices. All employees are permitted, and may be required, to attend work at their regularly assigned SOAH office location during regular hours of operation.

7. SOAH staff who can perform the essential functions of their job remotely may be permitted to telework in accordance with SOAH's Remote Work Program Policy. Based upon the needs of the agency and the duties of particular positions, participation in telework may not be available to all SOAH employees, or at all times.

II. Hearings Operations

The Chief Clerk and all SOAH judges and mediators will administer cases in accordance with this Interim Operating and Transition Plan.

A. General Hearings and Mediations

1. Scheduling of Hearings.To the extent that a Request to Docket Case Form requests the scheduling of a hearing or mediation at a specific date or time, the SOAH Chief Clerk’s Office and the presiding judge will consider the request, but SOAH reserves the right to schedule all proceedings in light of statutory priority, current caseloads, ALJ assignments, and the business needs of the agency.

2. Method of Appearance. If a specific method of appearance for conducting a dispositive hearing is preferred (i.e., in-person, videoconference, etc.), the referring agency should indicate this preference in the Request to Docket Form and/or in the documentation accompanying the form. If a method of appearance is not selected, the ALJ may determine the method of appearance in accordance with SOAH Rules 155.403 and 155.405. If a party objects within a reasonable time after receiving notice of an order authorizing the use of videoconferencing and states good cause for the objection, the ALJ shall rule on the objection in a timely manner prior to the scheduled proceeding by considering the objection in a manner consistent with Rule 21d of the Texas Rules of Civil Procedure.

3. Filing of Exhibits and Evidence for All Hearings. To the extent possible, the exhibits should be filed electronically in compliance with Rule 155.101(b)(1) and 155.429 of SOAH’s Rules of Procedure, and in compliance with the judge’s orders. Exhibits should be numbered sequentially, and multipage documents shall be paginated or Bates stamped. If multiple exhibits are combined into a single PDF, the document must be bookmarked to allow the judge and parties to locate each exhibit within the record.

4. a. MOVEIt Transfer. Parties in General Docket proceedings shall be expected to submit all exhibits and evidence to be offered at the hearing electronically using MOVEit Transfer at least three (3) days prior to the scheduled hearing date, unless otherwise ordered by the judge. Thereafter, only exhibits that are admitted as evidence or accompanied by an offer of proof shall be accepted for filing as part of the administrative record.

   b. Audio/Video Exhibits. MOVEit Transfer shall continue to be used as the primary method for SOAH’s receipt of audiovisual exhibits and evidence.

5. Videoconference Technology. All videoconferences shall be hosted using a videoconference platform controlled by SOAH or a court-reporting service. Parties without an attorney who do not have reasonable access to a mobile device or computer that will enable them to attend their hearing by videoconference should contact SOAH to request assistance.

6. Use of Cloud-Sharing Services for PUC Cases. To the extent that parties to cases referred to SOAH by the Public Utilities Commission of Texas intend to utilize cloud-sharing services to facilitate shared access to electronic case records that are not filed electronically at SOAH, prior-approval of the presiding ALJ is required. SOAH may impose additional restrictions on the use of cloud-sharing services to require the use of only approved technologies, establish requirements relating to information security and access rights, and to ensure compliance with applicable laws.

7. Prehearing Planning Conference. If deemed necessary by SOAH, by motion of the parties, or sua sponte, the judge may request or require certain participants to confer prior to any preliminary hearing, hearing on the merits, or mediation for the purposes of determining or discussing:
   
   a. venue requirements for the proceeding, including the availability and feasibility of conducting all or a portion of the proceedings by teleconference or videoconference;
   
   b. alternatives for providing adequate notice and an opportunity to participate in proceedings to potentially affected persons or persons seeking party status;
   
   c. requirements for court reporters, language interpreters, audio or visual technology, or special accessibility needs;
   
   d. opportunities for referral of the case to mediation or another appropriate alternative dispute resolution procedure; and/or
   
   e. any other special procedures or requirements necessary for the fair and efficient handling of the proceeding.

8. IDEA Hearings and Resolution Meetings. The provisions of this Section apply to due process hearings conducted pursuant to the Individuals with Disabilities Education Act (IDEA) to the extent that such hearings are presided over by SOAH ALJs. Exhibits for IDEA proceedings shall continue to be filed electronically using MOVEit Transfer five (5) days prior to the scheduled hearing date, and/or in strict compliance with the orders of the presiding judge.

Unless the parties otherwise agree in writing, federal law requires local school districts to convene a resolution meeting prior to the initiation of the IDEA due process hearing. These resolution sessions are not conducted at SOAH or attended by SOAH ALJs. However, SOAH encourages the parties to conduct these meetings telephonically or by videoconference if necessary to help resolve issues related to individual education plans without delay.

B. Administrative License Revocation (Driver's License) Hearings

1. Remote ALR Hearings. The SOAH Chief Clerk’s Office shall docket ALR proceedings to be conducted by telephone or videoconference to promote efficiency, schedule hearings at the earliest available date, avoid undue delay in the resolution of cases, and minimize disruption associated with the transition of ALR scheduling from legacy systems operated by the Texas Department of Public Safety to SOAH’s Administrative Case Tracking System (ACTS). Judges shall issue scheduling orders as necessary to ensure that parties are provided with proper notice of how to participate in remote hearings.

2. Continuances. If a party requests a continuance, SOAH Rule 159.207 shall apply, except that requirements for parties to propose three dates for the rescheduled hearing, and for the ALJ to consider such dates in resetting the case, will not be enforced while this plan is in effect to promote the timely resolution of cases at the earlier possible date.

3. Objections to Method of Appearance. If a party objects within a reasonable time after receiving notice of an order authorizing the use of videoconferencing and states good cause for the objection, the ALJ shall rule on the objection in a timely manner prior to the scheduled proceeding by considering the objection in a manner consistent with Rule 21d of the Texas Rules of Civil Procedure.

4. Electronic Filing Required/eFile Texas. Pleadings and exhibits in all ALR cases must be timely filed in electronic format as specified on SOAH’s website at: https://www.soah.texas.gov/drivers-license-hearings-filing-information. All exhibits should be pre-filed at least two (2) days before the hearing and the evidentiary package submitted by the Department of Public Safety should in every case include the Notice of Hearing and any amended or corrected Notices of Hearing. If the document is a motion, the motion must be submitted separately from pleadings other filings.

5. Limited In-Person Hearing Schedule. The ability of SOAH to conduct in-person ALR hearings is expected to remain limited at this time due to ACTS implementation and circumstances beyond SOAH’s control, such as the restricted ability to reserve adequate hearing space throughout the state as a result of case backlogs in other courts.

6. Use of re:SearchTX. The records for ALR cases referred to SOAH on or after June 1, 2022 are available online to attorneys and authorized parties through re:SearchTX at no cost. As a matter of competent and diligent representation, attorneys are expected to use re:SearchTX, manage their own case access rights, monitor case filings, and obtain their own case records through eFileTexas and re:SearchTX without unduly relying on assistance from SOAH’s Public Information Coordinator or the submission of open records requests to obtain information.

C. Enhanced Security Requirements for In-Person Proceedings

1. Due to enhanced security measures at the William P. Clements Building, agency representatives, lawyers, parties, and witnesses may be required to check in with the SOAH Chief Clerk's Office prior to being admitted to SOAH’s Austin Headquarters or proceeding to their assigned hearing room.

2. Hearing attendees at all SOAH offices may be required to wait outside of the assigned hearing room until their hearing is called.

3. Visitors and hearing participants are reminded that the concealed or open carry of handguns by a valid license holder on the premises of a government court is prohibited in accordance with the Texas Penal Code. Please review SOAH’s Weapons Policy for more information.

D. Accommodations for Vulnerable Populations

1. Individuals with disabilities, individuals who are over age 65, and individuals with serious underlying health conditions, such as high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune systems are compromised such as by chemotherapy for cancer or other conditions requiring such therapy are considered to be vulnerable populations.

2. Individuals who are in vulnerable populations should contact SOAH to identify themselves as a vulnerable individual and timely request accommodations that may be necessary to assist in their ability to participate in any in-person hearing at SOAH for which they are scheduled to appear.

3. Vulnerable populations who are scheduled to participate in an in-person hearing may be accommodated by means, including, but not limited to:

   a. Instructions and assistance with filing a motion requesting to appear telephonically or by videoconference;

   b. Offering the option, if available, to participate in the hearing from a separate hearing room by use of SOAH-provided videoconference technology;

   c. Relocating the hearing to a different or larger hearing room to accommodate the needs of the participant; or

   d. Informing the judge of the need to impose additional health protocols for hearing participants.

4. Please review SOAH’s Accessibility Policy or contact the SOAH Chief Clerk’s Office at 512.475.4993 for more information.