COVID-19 Operating Plan

Objective

To establish protective measures and general operating plan for the State Office of Administrative Hearings in response to COVID-19 Phased Re-opening.

Legal Cite

Texas Government Code, §§ 2003.022, .041, .050; Governor’s Executive Orders; Emergency Orders of the Texas Supreme Court Regarding the COVID-19 State of Disaster; Office of Court Administration Guidance for Court Proceedings on or after June 1, 2020.

Recognizing the need to accommodate the health and safety of litigants, attorneys, visitors, agency staff, administrative law judges, and other individuals participating in administrative proceedings, the State Office of Administrative Hearings (SOAH) will implement the following protective measures related to COVID-19 re-opening, effective as of June 10, 2021, and continuing until further notice:

General

1. All administrative law judges will comply with the Emergency Orders issued by the Chief Administrative Law Judge.
2. Although in-person hearings may be permitted upon approval of the Chief Administrative Law Judge, administrative law judges should continue to conduct proceedings remotely as necessary to promote the scheduling of hearings at the earliest available date. Parties may be permitted to appear in-person upon a showing of good cause that the use of telephone or videoconference is not feasible for a particular hearing, or that justice requires.
3. Administrative law judges may coordinate with SOAH Docketing staff to begin setting a limited number of non-emergency in-person hearings at SOAH’s offices and remote hearing locations, but only if the state district courts in the jurisdiction where the SOAH office resides have resumed similar non-essential in-person proceedings. Prior approval of the Chief Administrative Law Judge is required before scheduling in-person hearings to ensure that the designated hearing location is available and approved for use as an in-person hearing venue, and that appropriate accommodations are available to encourage the health and safety of agency employees and hearing participants.
4. Administrative law judges and agency staff shall implement minimum standard health protocols for in-person proceedings, including:
   • SOAH may limit the scheduling of hearings and docket sizes to ensure that adequate social distancing can be maintained in hearing rooms and SOAH offices for the benefit of unvaccinated individuals and other vulnerable populations.
   • Lawyers, parties, and witnesses may be required to check in with SOAH’s Docketing Office or Field Office personnel prior to proceeding to their hearing room, and may be required to wait outside of SOAH’s rooms until their hearing is called.
   • Attendance may be limited to necessary participants, and all attendees may be encouraged to follow minimum standard health measures announced by the administrative law judge as a matter of courtroom decorum.
   • In accordance with the Department of State Health Services Guidance for
     Vaccinated and Unvaccinated Individuals, unvaccinated persons are encouraged to take precautions, including the wearing of face coverings and maintaining social distancing where possible.
   • Counsel and parties with a positive COVID-19 test, or any flu-like symptoms— including fever, coughing, or sneezing—should contact SOAH prior to the proceeding. Lawyers should contact SOAH if they are aware that agency staff, clients, witnesses or others have these symptoms.
   • Parties to in-person proceedings may file a motion to request that the proceeding be conducted telephonically or by videoconference, and/or parties may be permitted to individually appear telephonically or by videoconference.
   • The maximum number of persons permitted in each hearing room has been determined and posted. The maximum capacity of the hearing rooms will be monitored and enforced by agency staff.
   • In each hearing room, the counsel tables, witness stand, judge’s bench, and clerk, and court reporter may be arranged, to the extent feasible, to ensure that unvaccinated persons are able to adequately social distance while in hearing rooms. Fully-vaccinated individuals are not required to socially distance except as necessary for the protection of vulnerable populations.
   • Microphones and any shared surfaces in hearing rooms will be regularly cleaned/disinfected. Hand-sanitizing stations will be made available for all participants.
5. All pleadings and exhibits for remote hearings will be pre-filed electronically at least 10 days before the hearing, or as required by the administrative law judge, unless there is good cause for not doing so.
   • Use of eFile Texas for the filing of all documents and exhibits for General Docket cases is required except as otherwise provided by SOAH’s Rules of Procedure.
   • Documents for Administrative Driver’s License Suspension and Revocation (ALR) cases must be filed in accordance with SOAH’s Standing Order Regarding All Administrative License Revocation Hearings.
   • Self-represented parties who are unable to file documents electronically are allowed to submit documents by mail, hand delivery, or fax.
   • Parties needing to submit video exhibits or other electronic media may contact the SOAH office responsible for their hearing to inquire about secure electronic file transfer options.
   • SOAH’s General Counsel and Risk Manager will monitor guidance and health protocols issued by the Texas Supreme Court, the Office of Court Administration, and state and local health officials, and will adjust this operating plan as necessary to meet conditions in SOAH offices and remote hearing locations statewide.
6. SOAH’s General Counsel and Risk Manager will monitor guidance and health protocols issued by the Texas Supreme Court, the Office of Court Administration, and state and local health officials, and will adjust this operating plan as necessary to meet conditions in SOAH offices and remote hearing locations statewide.

Health of Agency Staff

1. There are no restrictions on staffing levels at SOAH offices. All employees are permitted by the Chief Administrative Law Judge to attend work at their regularly assigned SOAH office location during regular hours of operation, subject to the direction of SOAH management.
2. All SOAH staff who can perform the essential functions of their job remotely may be permitted to continue to telework, except as necessary for staff or team meetings and as otherwise directed by their supervisor. 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.
3. All SOAH employees shall comply with requirements for self-screening prior to reporting for work and self-isolation in the event of COVID-19 symptoms or known close contact with a person diagnosed with COVID-19.
4. Any agency staff who receive a confirmed COVID-19 diagnosis, or who has had known close contact with a person with a confirmed COVID-19 diagnosis, shall notify SOAH Human Resources at SOAH.HR@soah.texas.gov to ensure that the employee has the support needed, and to enable SOAH to take additional precautions that may be necessary to ensure the health and safety of its other employees and visitors.
5. When in the office, all agency staff are encouraged to implement the following protective measures to the extent reasonably possible:
   • Wash/sanitize hands as appropriate to ensure proper hygiene;
   • Cover coughs and sneezes;
   • Periodically clean/disinfect commonly-touched objects and surfaces (e.g., desk, keyboard, phone, fax machine, kitchen appliances, reception desks, etc.);
   • Be respectful of others’ preferences regarding face coverings, social distancing, or other protective measures.

Scheduling and Staffing

1. All offices statewide will be open Monday through Friday 8:00 a.m. – 5:00 p.m.
2. The Austin Headquarters office will have onsite staff available in the Docketing Office to answer the main agency phone line and accept filings during regular business hours.
3. The Austin Headquarters office will be staffed at all times by at least one member of the executive management team, essential Docketing personnel, one legal secretary, and one or more administrative law judges. These people may be present in the office on a rotating basis.
4. Field offices statewide will be staffed by essential personnel in the office to process mail, issue orders, and process filings each business day. Staff may be present in the office on a rotating basis to be determined by the office Lead Administrative Law Judge in coordination with the Director of ALR and Field Operations.

Vulnerable Populations

1. Unvaccinated individuals and individuals who are over age 65 and/or have 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 are encouraged to contact SOAH to identify themselves as a vulnerable individual and timely request accommodations that may be necessary to assist in their ability to safely 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 on or after June 10, 2021, may be accommodated by means including, but not limited to:
   • Instructions and assistance with filing a motion requesting to appear telephonically or by videoconference;
   • Offering the option, if available, to participate in the hearing from a separate hearing room by use of SOAH-provided videoconference technology;
   • Relocating the hearing to a different or larger hearing room to allow for increased social distancing or the use of physical barriers; or
   • Informing the administrative law judge of the need to impose additional health protocols for hearing participants.

Hygiene and Cleaning

1. Hand sanitizer dispensers have been placed at the entrances to SOAH offices and hearing rooms.
2. Tissues have been placed near the door of each hearing room, at counsel tables, at the witness stand, on the judges’ benches, and in the hallways.
3. Janitorial staff will clean the common areas of SOAH offices at least daily.
4. Janitorial staff and/or SOAH personnel will clean the hearing rooms between each live hearing, between morning and afternoon proceedings, and at the end of each day the hearing room is used.
5. SOAH has been in contact with the Texas Facilities Commission and other building supervisors to ensure that all cleaning staff have been provided cleaning supplies shown to be effective in preventing the spread of viruses.
6. SOAH personnel who may participate in cleaning of hearing rooms and common spaces should practice proper cleaning techniques and use personal protective equipment.