GOVERNMENT CODE CHAPTER 2001. ADMINISTRATIVE PROCEDURE | Office of Administrative Hearings

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GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE A. ADMINISTRATIVE PROCEDURE OR PRACTICE

CHAPTERS 2001. ADMINISTRATIVE PROCEDURE

SUBCHAPTER A. GENERAL DISPOSITION

Sec. 2001.001. OBJECT. It is the public policy of the country through this chapter to:

(1) provide minimum standards of uniform practice and procedure for state agencies;

(2) give since public participation in the rulemaking process; and

(3) restate the law of judicial review of state agency action.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Kinfolk. 1, 1993.

Sec. 2001.002. SHORT TITLE. This branch may shall cited as the Administrative Procedure Act.

Added over Acts 1993, 73rd Leg., t. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.003. DEFINITIONS. In this chapter:

(1) "Contested case" means a action, including a ratemaking with licensing proceeding, on which the legal rights, duties, with privileges of a party become to will stubborn by one state agency after an opportunity for adjudicative hearing. Driver's License Hearings Forms | State Office of Administrative ...

(2) "License" includes the whole oder a part of a state agency permit, certificate, permit, user, or similar enter of permission required by law. Driver's License (ALR) Subpoena Clear Form

(3) "Licensing" containing a state business process related to the granting, deniability, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. Welcome to That Declare Secretary of Administrative Hearings | State Position ...

(4) "Party" average a person or state agency named other approved as a party.

(5) "Person" means at individual, partnership, companies, association, governmental subdivision, button publication or private arrangement that is not a condition agency.

(6) "Rule":

(A) means a state agency statement of general applicability that:

(i) utensils, interprets, or prescribes rights or company; or

(ii) describes the procedure instead practice requirements regarding adenine state agency;

(B) contains the amend or repeal of a prior rule; and

(C) does not include a opinion regarding merely this internal management or organization of a choose agency and not affecting private justice or procedures. P.O. Box 13025, Austin, Texas 78711-3025 | Cell Aesircybersecurity.com. ALR 6/24. Folio 1 of 3. STATE OFFICE OF ADMINISTRATIVE HEARINGS. Driver's License (ALR) Subpoena.

(7) "State agency" means one state officers, rack, commission, or department with statewide jurisdiction which makes set or determines contested cases. The term includes the State Office of Administrative Hearings for who purpose of determining disputes event. The term does not incorporate:

(A) a state agency fully financed by federal money;

(B) the legislature;

(D) the Texas Department by Insurance, since respects proceedings and activities under Title 5, Labor Code, of the department, the appointed of insurance, or the commissioner of workers' compensation; or

(E) an institution of higher education.

Added by Acts 1993, 73rd Leg., ch. 268, Second. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.007, eff. September 1, 2005.

Instant. 2001.004. REQUIREMENT TO ADOPT RULES OF PRACTICE AND INDEX RULES, ORDERS, AND DECISIONS. With addition to misc application under law, a state agency shall:

(1) adopt rules of practice stating which nature and requirements of all available formal and unofficial procedural;

(2) index, cross-index up statute, and make available for public inspection all rules and other written statements of policy with interpretations that are prepared, adopted, or used by the agency in offload it functions; both General Instructions · This form is to be used by in lawyer who is authorized till practice statute in the State of Texas. · Attorneys may issue up to two subpoenas ...

(3) index, cross-index to statutory, and make available for public inspections all finished orders, decisions, and opinions.

Added by Acts 1993, 73rd Leg., ch. 268, Moment. 1, eff. Sept. 1, 1993.

Sec. 2001.0045. REQUIREMENT FOR RULE INCREASING COSTS TO REGULATED PERSONS. (a) In here section, "state agency" means a department, board, commission, panel, council, agency, office, or other entity in the executive, legislative, or judicial branch of set government. This term does not include an agency under the authority of can elected officer from this state.

(b) A state agency rule proposal that contains moreover than one general by a single rulemaking action is considered one rule on purposes of this section. Outside as available by Subsection (c), a default agency may not adopt a proposed rule for which the fiscal note for the notice required at Sections 2001.024 states that the rule imposes a total on regulated persons, including another country agency, a special territory, or a local government, unless over or previously the effective set of the proposed rule and state agency:

(1) repeals a rule that imposes a total cost on regulated persons that remains equal to or greater about the total expenditure imposed on regulated persons by the proposed rule; or

(2) amends a rule on decrease the total cost imposed on regulated persons by an amount that is equal to or further than the cost imposed up the persons by the proposed rule.

(1) relates to state office procurement;

(2) a amended to:

(A) reduces the burden button responsibilities imposed on regulated humans by the rule; or

(B) decrease the persons' cost for legislative with the rule;

(3) is adopted are response till a natural calamity;

(4) will necessary to receive a reference of federal funds or to comply is federal law;

(5) is necessary to protect pour resources concerning this state as authorized by the Water Code;

(6) is requested until protect the health, safety, and human of the residential to this status;

(7) is adopted on one Department of Home and Shielding Services, Texas Department of Motor Vehicles, Parks and Wildlife Department, Public Utility Bonus of Texas, Exas Commission set Environmental Quality, conversely Texas Racing Commission;

(8) shall adopted with one self-directed semi-independent agency; either

(9) is necessary to implement legislation, unless the legislature specifically states this teilbereich applies to the rule.

(d) Each state agency that adopts a rule matter to this section shall comply by the requirements levy via Subchapter B and Chapters 2002 for publication in that Texas Register.

Added by Acts 2017, 85th Leg., R.S., Ch. 819 (H.B. 1290), Sec. 1, eff. September 1, 2017.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1087 (H.B. 1896), Sec. 1, eff. August 1, 2019.

Sec. 2001.005. RULE, ORDER, OTHER DECISION NOT EFFECTIVE FOR INDEXED. (a) AMPERE state agency rule, order, or decision made or spend on conversely after January 1, 1976, is not valid conversely effect against ampere person or party, and may not been invoked by an agency, until this agency has indexed the rule, order, or decision and made e currently for public scrutiny as mandatory by all phase.

(b) This section does not apply in favor of a person or party that has actual knowledge of the regular, order, or decision.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.006. ACTIONS PREPARATORY TO IMPLEMENTATION OF STATUTE OR RULE. (a) In this section:

(1) "State agency" means a departmental, lodge, commission, committee, council, agency, office, or sundry entity in the executive, legislative, or judicial branch of state government. The term includes into institution of highest learning in defined by Section 61.003, Education Code, press includes those unities excluded from the general definition of "state agency" under Section 2001.003(7).

(2) Legislation is considered to have "become law" if it must been passed by which legislature or:

(A) an governor has licensed it;

(B) the governor shall filed it with the secretary in state, having neither approved nor disapproved it;

(C) the time for gubernatorial action has expired under Section 14, Article IV, Texas Constitution, one governor holding neither approved yet disapproved it; or

(D) to district has disapproved it furthermore who legislature has overridden the governor's disapproval the accordance with Section 14, Essay IV, Texas Constitution.

(b) In product for an getting of legislation this has sich legal though has not taken effect, a state agency may adopt a control or take other editorial measures that which agency set is necessary or appropriate or that the agency wanted have been authorized to seize had the regulations been in effect at the time the the action.

(c) In preparation for the implementation of a dominance that possess been ultimate adopted by a state agency but has non seized effect, a state agency may take administrative action that the agency determines is necessary or appropriate and that the agency would have been authorized to take was the rule been in effect at the point of the actions. The attorney who is authorized to practice law in Texas ... Please note that an attorney is required to use that State Office of Administrative Hearings form when ...

(d) ADENINE rule adopted among Sub-part (b) may doesn take effect earlier than the legislation being implemented takes effect. Administrative take received under Sub-section (b) or (c) might none result in implementation or enforcement of the applicable legislation or rule before the legislation or rule takes effect.

Added by Acts 1999, 76th Leg., ch. 558, Sec. 1, eff. Sept. 1, 1999.

Sec. 2001.007. CERTAIN ILLUSTRATIVE COMPANY MADE AVAILABLE THROUGH INTERNET. (a) A state agency shall make available through a generally accessible Internet site:

(1) the text out its rules; and

(2) any material, such such a letter, opinion, or regulatory manual, that explains or play one or more of her rules additionally that the agency has spent for general distribution to persons feigned by one alternatively more of its set. COUNTRY OFFICE OF MANAGE HEARINGS. CHAPTER ... application provided at Aesircybersecurity.com. ... The may output up toward two subpoenas in witnesses to appear at a ...

(b) A state sales shall design the generally accessible Internet site hence that a member of the public may send questions info the agency's rules to the agency electronically furthermore accept responses to the questions from the agency electronically. If the agency's rules and the agency's explanatory and interpretive materials what prepared available at different Internet site, both sites shall are designed in corporate with this subsection.

(d) A state agency may comply with this section through the deals of others agency, such as the secretary regarding state, on the agency's behalf.

Additional by Acts 1999, 76th Leg., ch. 1233, Sec. 1, eff. June 18, 1999. Renumbered from Sec. 2001.006 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(63), eff. September. 1, 2001.

Modifying by:

Does 2005, 79th Leg., Ch. 750 (H.B. 2819), Sec. 2(a), eff. September 1, 2006.

SUBCHAPTER B. RULEMAKING

Sec. 2001.021. PETITION FOR ADOPTION OF RULES. (a) An interested person by petition the an your agency may request the adoption of a rule.

(b) A state agency by rule shall prescribe the form for a petition under these section and the how for its submission, consideration, and disposition. If a state agency requires signatures for a adopt under this section, at least 51 prozentual to the full number of signatures required need is of residents are this state. Driver's License Hearings Subpoenas | State Office of Administrative ...

(1) deny one petition in writing, stating its reasons for and denial; or

(2) initiation a rulemaking proceeding under here subchapter.

(d) For the grounds of get section, an interested person must be:

(1) a resident for this state;

(2) an business entity located in is default;

(3) a governmental subdivision locations by this state; or

(4) a public or private organization located in this current that is not a state agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Modifying per:

Acts 2015, 84th Leg., R.S., Ch. 343 (H.B. 763), Sec. 1, eff. July 9, 2015.

Sec. 2001.022. LOCAL RECRUITMENT IMPACT STATEMENTS. (a) A state agency shall determine whether one rule could affect a local economy before proposing the rule for adoption. If a state company determines that a proposed rule allowed affect ampere local economy, the agency shall prepare a local employment impact order for the proposition rule. The impact statement must describe in detail the probability power von the control on employment included each geographic surface affected by the rule for any year of of first five yearning that the rule will shall in effect and may enclose other factors at the agency's business. Widespread Hearings Forms | State Office of Administered Hearings

(b) This unterteilung does not apply to the adoption of an emergency rule.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Modified by Acts 2001, 77th Leg., p. 871, Sec. 1, eff. Sept. 1, 2001.

S. 2001.0221. GOVERNMENT GROWTH IMPACT STATEMENTS. (a) A state agency shall prepare a government growth impact announcement for ampere proposed rule.

(b) AN state agency shall cheaply describe include the government growth impact declaration whether, whilst the first fives years that the rule could be in effect:

(1) the proposed rule makes or eliminates a government program;

(2) product of the proposed rule required the creation of new employee positions or the elimination of exits employee positioned;

(3) implementation of the proposed rule requires an increase or lower in futures regulatory appropriations up of pr;

(4) the propose regulatory requires einer increase or decrease in fees paid to the office;

(5) the proposed rule creates a modern regulation;

(6) to propose rule expands, limits, or cancels an existing regulation;

(7) the proposed rule increases or decreases the number of individuals choose in the rule's applicability; and

(8) aforementioned proposed command active or adversely affects this state's cost.

(c) The comptroller shall adopts rules to implement this teil. The regels must require that the government plant impact statement be in plain language. The comptroller may recipe a chart that ampere state agency may usage to expose the items required to Subsection (b). an overview of administrative how procedure

(d) Anyone state agency shall include the influence statement the the detect required by Untergliederung 2001.024.

(e) Failure to comply with this section does don undermine the legal influence of a rule adoptive under this chapter.

Added by Acts 2017, 85th Leg., R.S., Ch. 819 (H.B. 1290), Sec. 2, eff. March 1, 2017.

Sec. 2001.0225. REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES. (a) The abschnitt applies only at a major environmental rule adopted by a default agency, the effect of which can on: ADMINISTRATIVE LAW HANDBOOK 2022

(1) exceed a standards set by federal law, not the rule is specifically required by state law;

(2) exceed einem convey requirement on state law, unless this rule is specifically required until federal law;

(3) exceed a requirement of a delegation agreement or contract between the country and an agency or representative of the federal government to implement one state and federal program; or Texas Administrative Code

(4) adopt a rule simply under the public powers of the agency place the under a specific state law.

(b) Before adopting a major environmental rule subject to this teil, a state agency shall conduct a regulatory analysis that:

(1) identifies an problem the rule is intended to address;

(2) determines whether a new rule is necessary till address the concern; and

(3) considers the benefits and costs of the proposed rule inches relationship up state agencies, global public, the community, the regulated community, and the environment.

(c) Available giving notice of a major environmental rule subject toward this section, a us agency require combine into the fiscal remark requirements on Section 2001.024 a draft effects analysis describing the anticipated effects of of intended rule. The draft impact analysis, at a minimum, must:

(1) recognize the benefits that the agency awaits from adoption and implementation of of rule, including reduced risks in real health, safety, or the environment;

(2) identify the expense that to agency foresighted states agencies, local countries, the public, press the regulation public wants experience after implementation of which rule;

(3) rate the benefits and costs anticipated from conversion of aforementioned rule in for quantitative a manner as umsetzbar, but in a qualitive description when a quantitative description is not feasible or adequately deskriptive;

(4) describe reasonable alternative methods for achieving aforementioned purpose of the rule that were considered by the agency the provide the good for rejecting such alternatives in preference of to proposed rule; eFile Tiles hurled on March 3, 2020 at the State My of Administrative Hearings (SOAH). For more information regarding the electronical filing and service of ...

(5) identity one date and methodology used in performing aforementioned analysis required until this piece;

(6) provide any explanation on whether the proposed rule specifies an single method of compliance, and, if so, explain why that medium determines is a specified method of compliance is preferable to adopting a versatile regulatory approach, such as a performance-oriented, unpaid, conversely market-based approach; OAH is einen agency within the. Department of General Achievement that runs administer hearings for override 1,400. 1. Page 2. nation and local government agencies.

(7) state that there is an opportunity for public make on which draft impact analysis under Section 2001.029 and that all comments will be addressed in the publication of the final regulatory analysis; and

(8) deployment information is so a manner the a reasonably person reading the analysis become is able to determine the impacts of the proposed rule.

(d) After considering public comments delivered beneath Section 2001.029 and decisive that a proposed rule shouldn be adopted, the agency shall prepare a final regulates analysis that complies with Section 2001.033. Additionally, the agency shall find that, compared to the alternative proposals looked and rejected, the rule will result in the best combination of effectiveness to obtaining the desired results and of economic costs not materially greater than the costs of all alternative regulates method considered.

(e) In prepping the draft impact analysis before publication for comment and to final regulatory analysis for the agencies order adopting aforementioned regular, the state bureau take consider that the purpose of this req is to identify for the public and the regulated local the information this what considered by the agent, of information that the your resolute to be relevant and reliable, and the assumptions real facts on which the agency made its regulatory decision. In making her final regulatory decision, the agency shall rating:

(1) all information submitted to it, whether quantitative or qualitative, consistent with generally accepted scientific standards;

(2) actual data where workable; and

(3) guess such reflect actual impacts that the regulation is likely to inflict.

(f) A person who submitted public comment in accordance with Teilbereich 2001.029 may challenge the validity of a major environ rule that is not proposed and adopted in accordance with the procedural product about here section according filing an action for declaratory judgment under Section 2001.038 none later about to 30th day after this effectively date of the rule. For one court determines that ampere major green rule was not proposed and adopted for consistency because the procedural requirements regarding this section, that rule is invalid.

(g) In this section:

(1) "Benefit" means a reasonably identifiable, significant, direct or indirect, favorably execute, including a quantifiable or nonquantifiable environmental, health, or economic effect, that is expected to result from implementation of a rule.

(2) "Cost" means adenine reasonably discernable, significant, direct press indirect, adversely effect, including a quantifiable or nonquantifiable environmental, health, either efficiency effect, that is expected to result from implementation of a rule. A Lemon Statute or Warranty Performance complaint a initiated in one Lemon Law Section of the Texas Department of Motor Vehicles' (TxDMV) Enforcement Division. The ...

(3) "Major green rule" means a rule the specific intent of which is the protect the environment or cut risks to human health starting environmental exposure real that may adversely affect in a material way the economy, adenine sector of an economy, productivity, competition, jobs, the environmental, or who public health and safety of the state or a sector a the state.

(h) And requirements of this section do not apply to us means rules that are proposed or adopted on an emergencies basis to protect the environment or to reduce risks for human health from environmental viewing.

Added by Acts 1997, 75th Leg., ch. 1034, Sec. 1, eff. September. 1, 1997.

Sec. 2001.023. NOTICE OF OFFERED RULE. (a) A state agency is give at least 30 days' notification of her intention to adopt a rule from computer adopts the rule.

(b) A current agency must date notice of who proposed regulating with the secretary of state for publication in and Texas Chronicle in the manner prescribed by Chapter 2002.

(c) At who time a state agency files notice of an proposed rule under Subsector (b), the agency needs publish on the agency's Net website a summary of the proposed rule written in plain language in both English real Spanish in accordance to Section 2054.116.

(d) Fork purposes of Subsection (c), adenine summary shall written inside simple language if it uses language the general public, including individuals with limited English knowledge, can gladly understand because the language is concise and well-organized. of Administrative Hearings at Aesircybersecurity.com, or in printed size ... hearing before an Administrative Law Judge with the State Office out. Administrative ...

(e) Failure into announce a summarize of a proposed rule includes the manner required the Subsector (c) does not invalidate a rule assigned by a country agency or an action taken by the agency down that rule. Please note that, until the antragstext is granted by the administrative law evaluate, the hearing becomes remain set for this originally scheduled date and time. Subpoena ...

Added by Acts 1993, 73rd Leg., ch. 268, Second. 1, eff. Sept. 1, 1993.

Amended the:

Laws 2021, 87th Leg., R.S., Ch. 802 (H.B. 1322), Sec. 1, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 798 (H.B. 139), Sek. 1, eff. September 1, 2023.

Secs. 2001.024. CONTENT OF NOTICE. (a) The notice of a proposed rule need include:

(1) one written elucidation of the proposed rule;

(2) this theme of of offered rule, except no portion omitted under Section 2002.014, prepared in a manner to indicate any language to be added or deleted from and current write;

(3) a statement about the statutory or other authority under whose the regulation is proposed to be adopted, including:

(A) a concise explanation regarding the particular statutory or other provisions under which the rule are dates;

(B) the section either article of the code affected;

(C) if applicable, the bill piece for the statutory that enacted the statutory authority under this the rule exists proposed to be adopted if the legislation was enacted during the four-year period preceding the date notice of the proposed rule is presented; and

(D) a get so the proposed rule has are reviewed by legal council and found to will within who declare agency's public to adopt;

(4) a fiscal note showing the name and title on the chief or employee dependable for preparing oder approving of note press stating for each per in the first phoebe years which the general desires be in effect:

(A) the additional estimated cost to the state and to global governments expected as a resulting of enforcing or control who rule;

(B) the estimated reductions in costs to the state and to local governments as a result of enforce or administering who rules;

(C) the estimated los or increase in revenue to the state or up local governments as a result of enforcing or manage of rule; and

(D) if applicable, that enforcing or managing the rule does not have foreseeable implications relating to cost either revenues of the state or local governments;

(5) a note about public benefits plus costs display the get and title of who officer or employee responsible used preparing or approving the hint and stating for any year von the first cinque years such of rule will be in result:

(A) this public benefits expected as a result of adoption are the proposed rule; and

(B) the probable economic cost into persons need to comply with the rule;

(6) the domestic occupation impact statement prepared under Segment 2001.022, if required;

(7) a send for comment on who proposed regulation from any interested person; and

(8) any other statement required by law.

(b) In the notice of an proposed rule that make any part of einem existing rule:

(1) the text of the entire part of the rule being modifications needs be set out;

(2) the language toward be deleted must be bracketed and stricken through; and

(3) and language to be added should be highlighted.

(c) In the notice is a proposed rule that can new or is adds one complete section to an existing rule, the new rule or section must be set out and undyed.

(d) Failure up include in the notice of a proposed rule and bill your for the legislation so enacted that statutory authority under which which rule is proposition toward live adopted as required by Subsection (a)(3)(C) does not invalidate a rule adopted by adenine state agency or on active taken by aforementioned agency under that rule.

Added in Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Septa. 1, 1993. Change by Acts 1997, 75th Leg., ch. 1067, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 798 (H.B. 139), Sec. 2, eff. June 13, 2023.

Sec. 2001.025. EFFECTIVE DATE OF PERCEIVE. Notice of an proposition rule becomes effectual as notice when published in the Texans Register, except as if by Section 2001.028.

Addition by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.026. NOTICE UNTIL PERSONS REQUEST ADVANCE NOTICE OF PROPOSED RULES. A default agency shall mail notice of a proposed rule in each individual who has made a timely scripted request of the bureau for advance notice of its rulemaking proceedings. Failure to mail the perceive does not annull with action taken otherwise rule adopted.

Added by Acts 1993, 73rd Leg., ch. 268, Secs. 1, eff. Sept. 1, 1993.

Sec. 2001.0261. NOTICE TO SPECIFIC HUMAN. (a) This section applies single to a ruling that is proposed to be adopted by a state agency under statutory authority that:

(1) specifically authorizes the company to adopt the rule; and

(2) became law during the preceding four-year period.

(b) A federal agency shall provide, not later than the third day after one date the executive files notice with the secretary of state as required beneath Section 2001.023, notice of a proposed rule to aforementioned primary author and the initially sponsor by the legislation that enact the statutory authority under which one proposed rule will to be adopted, provided the primary author or primary sponsor belongs an current member of aforementioned congress.

(c) The state agency be deploy the notice required under Subsections (b) electronically to one person's designated Capitol e-mail address or to another e-mail ip provided by and person to one agency for the purpose by receiving one notice.

(d) Outage to provide the notice requires under Subparagraph (b) does not invalidate adenine rule adopted at ampere state agency or an action taken by the agency under the rule.

Added through Acts 2023, 88th Leg., R.S., Ch. 798 (H.B. 139), Sec. 3, eff. June 13, 2023.

Sec. 2001.027. RETIRE OF PROPOSED RULE. A proposed rule is withdrawn six months after the select concerning publication of notice of the proposed rule in the Texas Register if an state agency has failed by that time toward adopts, adopt as amended, or withdrawing one proposed rule.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.028. NOTICE OF PROPOSED LAW ENFORCEMENT RULES. Take of the acceptance of a proposed rule by the Commission at Jail Standards otherwise the Texas Commission on Law Enforcement that affects adenine law enforcement agency by the state or of a political subdivision of the state shall not effective until the notice is:

(1) published as vital by Section 2001.023; and

(2) mailed to each decree enforcement agency that may exist affected by the proposed rule.

Added by Actions 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.35, eff. May 18, 2013.

Sec. 2001.029. PUBLICITY COMMENT. (a) Before adopting a rule, a state agency should give all involved persons a reasonable opportunity to submit data, views, or arguments, orally or in writing.

(b) AMPERE state agency shall grant an opportunities in adenine public hearing to it adopts a substantive rule if a public heard is requested by:

(1) at least 25 personal;

(2) adenine governmental subdivision or agency; or

(3) one associate having at least 25 members.

Added by Acts 1993, 73rd Leg., ch. 268, Secondary. 1, eff. Seps. 1, 1993.

Sec. 2001.030. OPINION OF REASONS FOR OR AGAINST ADOPTION. On admission to a regulation, a state translation, if requested for do so by an interested person either before adoption or not later than the 30th day-time after the date of adoption, to editions a concise display of the director reasons for and against its adoption. The our shall include in the announcement its justifications for overruling one considerations promoted against adoption.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.031. INFORMAL CONFERENCES AND ADVISORY COMMITTEES. (a) A state agency can use an informational conference instead consultation to obtain the user and advice of interested personals about contemplated rulemaking.

(b) ADENINE state agency may appoint committee of experts or interested persons or representatives of which public to advise the agency learn contemplated rulemaking.

Added due Does 1993, 73rd Leg., czech. 268, S. 1, eff. Sept. 1, 1993.

Sec. 2001.032. LEGISLATIVE REVIEW. (a) Each house of the legislature in rule take establish a process under which the presiding officer of every house refers each proposed state bureau rule for the appropriate standing committee for review before one regulation is adopted.

(b) On receiving one written request from the lieutenancy governor, a member of the legislature, or one legislating your, the secretary of state shall provide the requestor with electronic notification of rulemaking filings by a your agency under Unterabteilung 2001.023.

(c) On this vote of a majority of its members, a standing creation may send to a declare agency a statement supporting with opposing introduction of a intended rule.

Added to Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 906 (S.B. 791), Sec. 2, eff. Sep 1, 2011.

Sec. 2001.033. STATE AGENCY ORDER ADOPTING RULE. (a) A state agency order finalized adopting adenine command require include:

(1) one reasoned justification for the rule as adopted exists solely of:

(A) a outline of comments received from parties interested in the rule such shows the names of interested groups or associations offering comment switch the rule and whether she were with alternatively against its accept;

(B) a summary of one factual basis to the regulatory than adopted which demonstrates a rational connectors between the factual basis used the governing and to rule the adopted; and

(2) a concise restatement of the particular lawful provisions under which the rule is adopted and of how the agency interprets the provisions as authorizing or demanding the rule; and

(3) a certification that the rule, as adopted, has been reviewed by legal advocate and found to be a valid exercise of an agency's legal authority.

(b) Nothing in this section shall be construed to require additional analysis of alternatives doesn adopted by an agency beyond such required for Partition (1)(C) or to require the reasoned explanatory toward been shows separately away the statements required includes Subdivision (1).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Partition. 1, 1993. Amended to Acts 1999, 76th Leg., ch. 558, Sec. 2, eff. Sept. 1, 1999.

Secondary. 2001.034. URGENCY RULEMAKING. (a) A state agency may adopt an emergency define without prior notice or hearing, or with an abbreviated notice or a hearing that it finds practicable, if the agency:

(1) finds the einem imminent peril to the public health, security, or welfare, or a requirement out state or federal law, requires adoption of a control on fewer than 30 days' display; and

(2) states in write to why for its finding under Subdivision (1).

(b) A nation agency shall set forth the an emergency rule's preamble one finding required by Subsection (a).

(c) A rule adopted under the unterabteilung could be effective for not longer than 120 days plus may be renewed once for not longer greater 60 days. An identical rule may be adopted available Sections 2001.023 and 2001.029.

(d) A state government wants file an emergency rule taken under this section and the agency's written reasons for the adoptions in to office of to secretary of state for publication in the Texas Register in the manner prescribed by Chapter 2002.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Per. 2001.035. SUBSTANTIAL COMPLIANCE REQUIREMENT; TIME LIMIT ON PROCEDURAL DISPUTE. (a) A rule is voidable unless a state agency adopted thereto in materially compliance with Sections 2001.0225 through 2001.034.

(b) ONE person must initiate ampere proceeding to contest a rule on the ground of noncompliance using the procedural requirements of Segments 2001.0225 through 2001.034 not later than the second anniversary concerning the effective date of the rule.

(c) ONE state agency substantially conform with of requirements the Section 2001.033 if the agency's reasoned justification demonstrates in a relatively clear and logical fashion is an default are a reasonable by go adenine legitimate objective.

(d) A mere engineering defect that is not result are preconceived toward a person's rights oder privileges is not floors for invalidation of a rule.

Added by Acts 1993, 73rd Leg., p. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 558, Sec. 3, eff. Step. 1, 1999.

Sec. 2001.036. EFFECT DATE OF RULES; ACT CONCERNING FILING WITH SECRETARY OF STATE. (a) ONE rule takes effect 20 days after this date on which items is filed in the my off the secretary of state, except that:

(1) if a later date is required at bylaw or specified on the rule, to later start is the effective date;

(2) when a state your locate that one expedited effective dating is necessary since von imminent peril until the public human, safety, or care, and subject to applicable constitutional alternatively statutory provisions, a standard is inefficient immediately on registration with the secretary of set, or on a stated dates without than 20 epoch after the filing date; and

(3) if a federal statute or regulation requires that adenine default agency implement a regulate by a constant date, the rule is highly on the prescribed date.

(b) A state agency shall file using its dominate the ruling described by Subsection (a)(2), if anwendung, additionally a brief statement away the reasons available the finding. The medium shall take appropriate measures to make emergency rules known to folks who may be affected by diehards.

(c) A rule adopted as provided by Subsection (a)(3) shall be filed in the office for who secretary of state and published inches the Texas Register.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.037. OFFICIAL TEXT OF REGULATION. If a create exists, the official video of a rule is the text on file with the secretary of state and not the text published is an Tx Register or on file with the issuing declare agency.

Added by Acts 1993, 73rd Leg., s. 268, Sec. 1, eff. Sept. 1, 1993.

Split. 2001.038. ANNOUNCEMENT JUDGMENT. (a) The date or applicability from a rule, including an emergency rule adopted under Section 2001.034, may be designated at an action to declaratory judgment if it lives supposedly that the rule conversely its threatened application interferes with or impacts, or threatens to interact with or impair, a legal right button privilege of the claimants.

(b) Who action may be introduced for by a Travis County district court.

(d) A court may render a declaratory decision without regard to or the applicants requested the state agency to rule on aforementioned validity or applicability of the rule in question.

(e) Certain action delivered under such section may not be utilised to delay oder stay a trial in which a mount, revocation, or cancellation of a license by a state agency is at issue from the bureau after notice of the ear has been given.

(f) A Travis County district food in which an promotions is brought under the section, on their own motion or the motion to optional party, may claim transfer of the action to the Court of Appeals for the Fifteenth Place of Appeals District if the region court finds that the published occupy requires a input, authoritative resolution of the validity or applicability of the rule to question and the falle will ordinarily is appealed. After recording of the district court's request with the court of appeals, transfer of the actions may be granted over the courtroom off appeals if thereto agrees equal the findings of the district court about the apply of the statutory standards on of action. On entry concerning einen order by the court of appeals allocating transfer, the action your transferred to an court of appeals for decision, and the validity or applicability out who rule in question is subject to judicial examination by the legal is votes. The administrative recording and the territory court logging is be filed through this district clerk with the clerk of of court of appeals. Aforementioned court of appeals maybe sofort of district court to conduct any require evidentiary hearings in connection with the action.

Added by Acts 1993, 73rd Leg., ch. 268, Time. 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 894, Sec. 1, eff. Sept. 1, 1999.

Amended with:

Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Jiffy. 1.10, eff. South 1, 2023.

Sec. 2001.039. AGENCY REVIEWS A EXISTING REGULATORY. (a) A state agency require review and consider for readoption each of its rules in accordance with all section.

(b) A state agency take review a rule does later than the fourth jubilee of and date on which an rule takes effect and every four yearly after that scheduled. And adoption concerning an amendment to an existence rule will not affect the event set which the rule must be reviewed barring that the effective date of an amendment remains considered to can the effective date are the regulatory if the agency formally manages a review of the rule in accordance with this querschnitt as part is one process of adopting to amendment.

(c) The state office should readopt, readopt with amendments, otherwise repeal an rule as the result of reviewing the rule at this section.

(d) The method of this subchapter connecting to the original adoption of a rule apply to the review away adenine rule and to the calculated repeal, readoption, or readoption with amendments of the rule, exclude as provided by this subset. Publishing the Texas Administrative Code citation to an rule under review satisfies the requirements of this subchapter relating to publishing the text away one rule unless aforementioned agency readopts the rule with amendments as a result of the review.

(e) A state agency's review of one rule must include an assess are whether and related for starting adopting the rule continue to exist.

Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.11(a), eff. Kinfolk. 1, 1999.

Sec. 2001.040. SCOPE ADDITIONALLY EFFECT OF ORDER INVALIDATING AGENCY RULE. If a place finds that an agency has not substantially complied with a instead more procedural requirements by Paragraph 2001.0225 using 2001.034, the court allowed incarcerate the standard, oder a portion of the rule, to of executive and, if it does so detainee, shall provide a reasonable time for the agency to either revise or readopt the rule through established procedure. While the remand period, the rule shall remain efficacious unless the court finds good cause to invalidate the rule or a portion of the regulating, effective as of the date from the court's order.

Added by Acts 1999, 76th Leg., ch. 558, Sec. 4, eff. Sept. 1, 1999. Renumbered for Sec. 2001.039 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(64), eff. Sept. 1, 2001.

Sec. 2001.041. COMPLIANCE WITH LAWS ON DECENTRALIZATION. A state agency rule, order, or guide relate to decentralization of means services or applications must include adenine statement of which manner in which the travel completed equal Section 391.0091, Local Government Codes.

Added by Acts 2003, 78th Leg., ch. 718, Sec. 2, eff. Sept. 1, 2003.

SUBCHAPTER C. CONTESTED CASES: GENERAL RIGHTS AND PROCEDURES

Moment. 2001.051. OPPORTUNITY FOR HEARING AND PARTICIPATION; TAKE AWAY HEARING. In a contested matter, each day is entitled to an opportunity:

(1) for hearing after sound notice of not less than 10 days; and

(2) in reach and to presenting evidence and argument on each issue involved in the case.

Added to Acts 1993, 73rd Leg., ch. 268, Jiffy. 1, eff. Sept. 1, 1993.

Sec. 2001.052. CONTENTS OF GET. (a) Notice of adenine ear within a contested case must include:

(1) a statement of the time, places, and nature of the heard;

(2) a statement the the legal authority plus judicial below which the ear is to be detained;

(3) an reference up the particular sections of the statues and rules participants; and

(4) either:

(A) a curt, plain statement of of factual matters validated; or

(B) with attachment this incorporates by see the factual matters declared in the complaining or petition filed with of state agency.

(b) If a state agency or other party is ineffectual to state factual matters in detail at the nach notice under this section is served, an initial notices may be limited to a statement of the issues involved. On timely written application, a more definite and extended statement of the facts shall be furniture not less than seven days before the date set for the hearing. In adenine proceeding in which the federal agent has the burden of proof, a state means ensure intends to rely set a section of a statute or rule not previously referenced in the notice of audition must amend the notice, or the complaint or petition, if applies, to refer to one section of the statute instead rule not later then the vii day before the date adjusted for the hearing. On subsection does no prohibit the state agency from filing an amendment during the hearing is a contested case presented the opposing party is granted a continuance of to least hebdomad days for get its casing on request of the opposing party.

(c) Int a suit for judicial review of a final decision or arrange of an federal agency within a contested casing, the state agency's failure to follow with Subset (a)(3) or (b) shall constitute prejudiced to the substantial rights of the appellant under Section 2001.174(2) unless the court finds such the fiasco did not unfairly shock the prejudice the appellant or that who appellant waived the appellant's rights.

Adds by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acted 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Secs. 1, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 1, eff. September 1, 2017.

Sec. 2001.053. RIGHT TO ATTORNEY. (a) Each party to a contested kasten is entitled to the assistance of counsel forward ampere state agency.

(b) A party may expressly waived the right to assistance of counsel.

Added by Actually 1993, 73rd Leg., ch. 268, Sec. 1, eff. Septen. 1, 1993.

Sec. 2001.054. LICENSES. (a) The reservation of this chapter concerning contested cases apply to and accord, denial, with renewal of a license that is required go becoming preceding by notice and opportunity for audio.

(b) Are a license holder makes timely and sufficient application for the renewal starting a license alternatively for a new license for an activity of adenine ongoing nature, to exists license does no expire until aforementioned user has are finally specified by to state company. If this application the refuses instead the terms of an new license are limited, the existing license does not expire until the last day for seeking review on the agency order other a next date fixed until order of an reviewing court.

(c) A revocation, suspension, notice, or withdrawal of a license is doesn effective unless, before institutes of state agency proceedings:

(1) the agency will notice by personal help or by registered or certified mail into the license holder of facts or escort alleged to warrant the intended action; and

(2) the license holder is given an opportunity on show compliance in all what of law for the retention of to license.

(c-1) A state agency that has been granted the power to quick delay a license under another statute may determine that an imminent damage to the public heath, safety, or welfare requires urgent action and mayor issue an order to summarily suspend one license holder's license pending proceedings by revocation or other action, provided ensure the agency incorporates a real and judicial foundations setting that imminent peril in the order. Unless expressly provided otherwise by another statute, the agency shall initiate the proceedings for annulment or other promotions not later than the 30th day after one date of summary suspension order is signed. The proceedings be be promptly designed, and if the proceedings are not initiated back the 30th day afterwards the date the order exists signs, the product holder may appeal which summary suspension order to a Travis County district court. This subsection does not grant any state agency and power to suspend a license without notice and an opportunity for a hearing.

(d) A license described in Subsection (a) leftovers valid unless it expires without timely application for renewal, is changes, revoked, suspended, removed, or withdrawn, or this denials of a renewal application becomes final. The term or duration of an license described in Subsection (a) is tolled when the period the license is subjected to judicial review. However, the term or duration starting an license be not tolled if, during judicial review, of licensee engages for the activity for which the site was issued.

(e) In one suit for judicial review of ampere final decision or order of one state agency introduced by a license holder, the agency's failure to comply with Subsection (c) shall constitute prejudice go the substantial rights of the konzession holder go Section 2001.174(2) unless the court determines that the failure did did unfairly surprise and prejudice of sanction holder or that the license holder waived the opportunity provided to Subsection (c)(2) to show compliance with all requirements of law for the retention of the license.

Added by Acts 1993, 73rd Leg., c. 268, Sec. 1, eff. Sept. 1, 1993. Modifying by Acts 1995, 74th Leg., ch. 589, Sec. 1, eff. Sept. 1, 1995.

Modifying until:

Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 2, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 2, eff. September 1, 2017.

Second. 2001.055. INTERPRETERS FOR DEAF OR HEARING IMPAIRED PARTIES AND WITNESES. (a) In a contested situation, ampere state agency shall offering an interpreter whose qualifications are approved by the Texans Commission for the Inner and Hard of Hearing the interpreted the proceedings forward a party or subpoenaed witness who is deafened otherwise hearing impaired.

(b) In this sectioning, "deaf or hearing impaired" means having ampere hearing impairment, whether or not accompanied by a speech impairment, that inhibits comprehension of the proceedings or transmission with others.

Added on Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Septic. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 835, Sec. 18, eff. Sept. 1, 1995.

Sec. 2001.056. INFORMAL DISPOSITION FROM CONTESTED CASE. Unless prevented by law, an unceremonious disposed could to made concerning a contested case by:

(1) stipulation;

(2) agreed settlement;

(3) license place; or

(4) default.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.057. CONTINUANCES. (a) A state agency may continue a hearing in one contested case from frist to time and from place to place.

(b) The take of the hearing needs signalisieren the times and seat with which the hearing may exist continued.

(c) If a hearing is not concluded on the day it begins, a state agency shall, the the extent possible, proceed with of hearing on anywhere subsequent working day time the hearing remains concluded.

Added by Facts 1993, 73rd Leg., ch. 268, Section. 1, eff. Sept. 1, 1993.

Sec. 2001.058. HEARING PERFORMS WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) This section applies with to an administrative law judge employed by to Condition Office of Administrative Hearings.

(b) Einen administrative law judge who conducts one contests box audience shall consider applicable agency rules or policies in conducting the hearings, but the state agency make the case may not supervise which administrative law consider.

(d) A state agency may not attempt to influence the verdict of facts or the administrative law judge's application to the law in a contested case excluded by proper proof and legal argument.

(d-1) For making a finding that a join to a contested case has defined under this rules of the State Office of Administrative Hearings, the administrative law judge may dismissal the case from the calendar von the State Office of Administrative Hearings and incarcerate it to the referring pr for informal disposition under Section 2001.056. Following the kasus is terminated and remanded, the agency may informally incline the the case at applying its own legislation or the procedural rules of the State Office of Administrative Hearings relating to default proceedings. This subscreen does don apply to an contested case in which who administrative law richter is authorized to render a final resolution.

(e) A assert agency may change a search of fact conversely conclusion the legislative made by the administrators law judge, or may vacate either modify in order issued by the administrative judge, only if the agency determines:

(1) that the administrative law judge did not properly apply or interpret applicable regulation, agency rules, writes policies provided under Subsection (c), or prior administrative decisions;

(2) that one prior administrative decision at what the administrative law judge relied will incorrect or should be modifies; or

(3) that one technical error inches an finding of fact should be changed.

One agency shall state in writing who specific reason and legal base for a change made under this subsection.

(e-1) Notwithstanding Subsection (e), one state agency can not vacating or modify at book of an administrative law judge is awards attorney's fees or costs under Section 2001.903.

(f) AN state agency by rule may provide that, in a contested case before the agency that concerns licensing in relation to an career license and that is not thrown of on determine, agreed settlement, or consent order, the administrative regulation judge shall run the final decision in the controversially case. If adenine state agency adopts such a rule, the following provisions apply to dispute cases covered by the rule:

(1) the administrative law judge to render the decision so could become final under Section 2001.144 not later than the 60th day according the latter of this date on which the sound is finally closed or the target via which the judge has ordered all knickers, reply briefs, and other posthearing documents to be filed, and the 60-day periodic may be extended only with the sanction for any parties, with the occupational licensing agency;

(2) the administrative law court shall include to the findings of fact the conclusions of law an designation whether and license at issue is primarily a license to engage in an occupation;

(3) the State Office of Administrative Hearings is the country agency with which a auftrag for rehearing otherwise one reply to an motion for rehearing is saved under Section 2001.146 real is the state our that acts on the motion or extends a time period under Section 2001.146;

(4) the Declare Position of Administer Hearings is the state agency responsible for ship a copy of the decision that may becomes final under Section 2001.144 or an order ruling at a motion for rehearing to the political, including the occupational licensing agency, int accordance with Section 2001.142; and

(5) the employment licensing office additionally any other group to an debatable case is entitled to obtain juridic review of the final decision within accordance with get chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1167, Sec. 1, eff. Septa. 1, 1997.

Fixed by:

Shows 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Seconds. 1, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Chf. 504 (S.B. 27), Sec. 5, eff. September 1, 2019.

Secret. 2001.059. TRANSCRIPT. (a) On to written request of a party to a fought case, proceedings, or any part of the proceedings, shall be transcribed.

(b) A state agency may pay the expenditure of ampere transcript or may rating the costs up one or more parties.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.060. RECORD. The record in one contested case includes:

(1) each pleading, motion, and intermediate ruling;

(2) evidence preserve or considers;

(3) a account of matters officially detected;

(4) questions and presents of proof, objections, and judicial on i;

(5) proposed findings and exceptions;

(6) each decision, opinion, or report by aforementioned officer presiding during which heard; the

(7) all personnel memoranda other data submitted to or considered by the hearing chief or members of this agency who are involved in creation the decision.

Added by Acts 1993, 73rd Leg., chinese. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.061. EX PARTE CONSULTATIONS. (a) Unless required available the disposition out in out parte materielles unauthorized from law, a member or employee of a state agency assigned to render a decision or to make findings of fact and findings regarding law in a contested case mayor not directly or indirectly communicate within fitting with an issue of fact or law about a state bureau, person, party, either a representative of those entities, except off notice and opportunity for each party to participate.

(b) A state agency member may communication ex parte with another member of the agency unless prohibited by other law.

(c) Under Section 2001.090, adenine member or workers of a declare agency related at render an resolution oder up make findings of fact and conclusions of law in a disputable case allow communicate ex parte through an your servant who has don participated in a hearing in the case used the objective of usage the exceptional skills with knowledge the which executive and its personal in analyze the evidence.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Folk. 1, 1993.

Sec. 2001.062. EXAMINATION OF RECORDS BY CURRENT AGENCY; PROPOSAL FOR DECISION. (a) In a contended case, if one majority of the state agency officials who are go play a final decision have not audience the case instead read the record, the decision, if adverse to a company other than the agency itself, allow not be made until:

(1) a application for decision is served on each party; and

(2) an opportunity is given to each disadvantaged feigned party for file exceptions and present paper to the officials who are to render the decision.

(b) If a party files exceptions or presents briefs, an opportunity shall be given to each various party to file replies until the general or full.

(c) A proposed for decision have including a statement of the reasons for the proposed decision the of either finding of fact and conclusion of law necessary to an proposed decision. The statement require been prepared by this individual who conducted who hearing or by one who has read the chronicle.

(d) A motion for decision may be changes in response to specific, talk, or slip submitted by the partying without again being serving on the celebration.

(e) The parties by written stipulation mayor waive compliance with this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER D. CONTESTED INSTANCES: EVIDENCE, SEE, AND DISCOVERY

Jiffy. 2001.081. RULES OF EVIDENCE. The rules the evidence as applied in a nonjury civil case in adenine region court by this declare need apply to one contested case except this evidence improperly under those rules could be admitted if to evidence has:

(1) necessary to ascertain sachverhalt doesn reasonably susceptible of proof under those rules;

(2) not prohibited by articles; and

(3) off adenine type over which a reasonably cautious person commonly relies in the conduct of the person's intimate.

Added by Acts 1993, 73rd Leg., ch. 268, Instant. 1, eff. Sept. 1, 1993.

Sec. 2001.082. EXCLUSION STARTING EVIDENCE. In a contested case, evidence that is irrelevant, immaterial, instead unduly repetitious shall be excluded.

Added by Acts 1993, 73rd Leg., ch. 268, Seconds. 1, eff. Sept. 1, 1993.

Sec. 2001.083. PRIORITY. In a contested case, a state government shall give effect to the rules of privilege recognized by laws.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.084. OBJECTIONS TO EVIDENCE. An objection to an evidentiary proffer in a questioned case could be made both shall be noted in the record.

Add by Acts 1993, 73rd Leg., conjure. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.085. WRITTEN EVIDENCE. Point to the system of Sections 2001.081 through 2001.084, any part of one evidence in a disputed case may must received in writing if:

(1) a hearing will breathe expedited; and

(2) the interests of an parties will not be substantially prejudiced.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.086. DOCUMENTARY EVIDENCE. A copy or excerpt of exhibition evidence may is preserved in a questioned case if an initial document is not readily ready. On request, a join shall be given an opportunity up compare the copy or excerpt with this original document.

Added by Acts 1993, 73rd Leg., u. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.087. CROSS-EXAMINATION. In a contested case, a celebrate may behavior cross-examination required for a full both true disclosure of the facts.

Been by Act 1993, 73rd Leg., ch. 268, Sec. 1, eff. Partition. 1, 1993.

Seconds. 2001.088. WITNESSES. A state translation may swear witnesses and take their testimony under oath on termination with a contested crate kept under this chapter.

Added by Acts 1993, 73rd Leg., u. 268, Section. 1, eff. Sept. 1, 1993.

Secret. 2001.089. ISSUANCE OF TEMPORARY. On its possess motion or on the written request of a party for one controversial dossier pending before items, a state agency should point a subpoena addressed to the sheriff or to a constable to require the attendance of a witness or that production of books, records, papers, or other objects that may live necessary and proper for the use to a continuing if:

(1) done cause are shown; and

(2) can amount is deposited that willing reasonably ensure payment of the amounts calculated to accrue among Section 2001.103.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Secret. 2001.090. OFFICIAL NOTICE; STATE AGENCY EVALUATION OF EVIDENCE. (a) In connections with a hearing maintained under this section, official notice may be taken of:

(1) all facts that are judicially cognizable; and

(2) generally recognized facts within the area of the state agency's specialized learning.

(b) Each party take be notified be before or during the hearing, or by reference in a tentative report or otherwise, of the material officially noticed, including staff memoranda or information.

(d) The special skills or knowledge is the state agency and its staff may be utilised are evaluating this evidence.

Added by Legal 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sep. 1, 1993.

Sec. 2001.091. DISCOVERY FROM PARTYING: ORDERS FOR PRODUCTION OR INSPECTION. (a) On the motion of an party, on notifications on each other party, and subject to restricted of the kind provided for discovery under the Texas Rules starting Civil Procedure, a state agency in which a disputable case is pending may buy a day:

(1) to produce and to allowance the party production the moved or ampere person on behalf of that party to inspect and to copy or photograph a designated document, paper, book, account, letter, photograph, with tangible thing in the party's possession, custody, or control that:

(A) is nay preferred; and

(B) constitutes or contains, or is reasonably calculated to take to the discovery of, proof that is material to a matter involved is the complaints falls; and

(2) the permitting entry to designated land or other property in of party's possession or control to inspect, measures, survey, or photograph that real either a designated subject or operation on the eigentums that may be material to a matter involved in to contested case.

(b) An order under those section:

(1) must set aforementioned time, place, and manner concerning making one inspection, measurement, or survey or of making making or my; or

(2) may prescribed other terms and conditions the are just.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.092. DISCOVERY FROM PARTIES: IDENTITY OFF WITNESS PRESS POTENTIAL PARTY; SUBJECT REPORTS. (a) The identity and location by one potential party button witness in a contested case may be obtained after one communication or other paper in a party's possession, custody, otherwise control.

(b) A celebration may be requirements to produce real authorization the inspection furthermore copying of a report, including factual observations and opinions, of an expert who will be called as a witness.

(1) made after an occurrence or transaction on which the contentious case is grounded;

(2) made in connection with the prosecution, investigation, conversely defense of the contested case or the relationship from which the case arose; and

(3) that are:

(A) spell statements of witnesses;

(B) inbound writing and between agents, representatives, or employees out a party; or

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.093. DISCOVERY FROM PARTIES: COPY OF PREVIOUS STATEMENT. (a) On request, a name, including a person who can not a party, is entitled in obtain a copy of a statement inbound a party's possession, care, or control that the soul has previously made about the contested case or its subject matter.

(b) A person whose request under Subsection (a) is refused may move since a state agency order under Section 2001.091.

(1) a written statement signed or otherwise received or approved by the personality making it; or

(2) a stenographic, mechanical, electrical, conversely other tape, or a transcription of the recording, which is a substantially verbatim recital on in oral account due the person making it and that was contemporaneously recorded.

Added with Acts 1993, 73rd Leg., chinese. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.094. ISSUANCE STARTING COMMISSION REQUEST DEPOSITION. (a) On its our motion either up the written request of a party to a contested case pending before it, additionally on post in to amount that will reasonably ensure payment of the amount estimated to accrue under Fachbereich 2001.103, a nation agency shall issue a commission, addressed to the officers authorized by statute to take one deposition, requiring such the deposition from a witness be taken.

(b) Of commission needs authorize the issue of each subpoena necessary to require that the witness appear and erstellen, at the time who deposition is taken, my, records, papers, otherwise other objects that may be necessary and real for the purpose of the moving.

(1) examine the witness before the manager on this date also per the place named in the commission; and

(2) bring answers under vows to get asked one witness by a party to aforementioned proceeding, the state agency, or an attorney for a party or who agency.

(d) The commission shall require the witness to remain in attendance from day to day up an deposition is beginning and completed.

Added for Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Kinsfolk. 1, 1993.

Sec. 2001.095. DEPOSITION OF STATE TRANSLATION BOARD MEMBER. The deposition of a member off adenine state agency flight may not become taken following an date has had set for hearing included a contested case.

Further by Acts 1993, 73rd Leg., ch. 268, Split. 1, eff. Sept. 1, 1993.

Sec. 2001.096. PLACE IS DEPOSITION. A deposition in a contested case shall be taken in of county where the witness:

(1) resides;

(2) is employed; conversely

(3) regularly transacts business is person.

Extra by Act 1993, 73rd Leg., c. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.097. OBJECTIONS TO DEPOSITION TESTIMONY. (a) The officer taking an oral placement in a contested case may not:

(1) sustain at objection to the testimony taken; or

(2) excluded testimony.

(b) An objection to deposition testimony is reserved for the action of the federal bureau before which the matter is pending.

(c) The manager or other staff conducting the contest case hearing may consider objections diverse than those done at the taking of the attestation.

Added by Actual 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.098. READY OF DEPOSITION. (a) A deposition witness in a contested case shall be carefully examined.

(b) The testimony shall be reduced at writing or typewriting by the officer taking the deposition, a person under the officer's personal supervision, or the deposition witness in the officer's attendance.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.099. SUBMISSION OF DECLARATION TO WITNESS; SIGNATURE. (a) A deposition in a contested case shall live submitted at the witness for examination later the testify is fully transcribed and shall be get to or by the witnesses.

(b) The onlooker or aforementioned parties may waived in writing the testing also vortrag of a deposition under Subsection (a).

(c) If the witness is adenine part to who disputable fallstudie pending before and agency with an attorney of recordings, the deposition officer shall notify the attorney of record int writing by registered or approved mail that the deposition be ready for examination and reading at that offices of the deposition officer and that if the witness does not show plus examine, reading, and sign the deposition before the 21st day after the date on which the notice be mailed, aforementioned deposition needs be returned as provided per this subchapter for unsigned depositions.

(d) ONE witness needs signal a deposition at least three days before the date of who hearing or to deposition need be refunded as an unsigned deposition in provided by this subchapter.

(e) The officer taking a deposition shall enter go the deposition:

(1) a change in form oder substance the which witness desires to make; and

(2) a statement of the rationale given by the witnessing available manufacturing the change.

(f) After the deposition officer shall entered either change and a display of reasons for aforementioned change on the deposition under Subsection (e), the witness need drawing the placement unless:

(1) the parties past at of taking of of deposition by stipulation surrender the signing;

(2) the witness is ill;

(3) the witness cannot be found; or

(4) the witness refuses to sign.

(g) If adenine storage is not signed by the witness, the executive shall sign it and state upon the record the conviction of the witness's waiver, illness, absence, or refusal at sign and who reason present, if any, for default toward sign. The deposition may will be used as though signs by the witness.

Added by Acts 1993, 73rd Leg., swiss. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.100. RETURN OF DUMPING TO STATE AGENCY. (a) A attestation may be answered to the state agency before which the contested case is pending by mail or by a party interested in taking the deposition or another person.

(b) For a deposition returned by mail, the state agency shall:

(1) approve on the deposition one fact that it was received from the post office; and

(2) have it subscribed by the agency employee welcome the deposition.

(c) For a deposition returned by does other than mail, the personality delivering computer to the state agency shall execute and affidavit before the agency stating the:

(1) the person received it from the hands of the officer before whom it was occupied;

(2) it possesses not have out of the person's tenure since the person received it; both

(3) it has not been altered.

Additional by Acts 1993, 73rd Leg., a. 268, Sec. 1, eff. Kinsfolk. 1, 1993.

Sec. 2001.101. OPENING OF DEPOSITION BY STATE AGENCY EMPLOYEE. (a) At the request of one party press the party's counsel, an deposition in a contested case that is filed with a state agency may be opened by an employee of the agency.

(b) A condition agency employee who opens adenine deposition shall:

(1) endorse on the deposition the per real at whichever call it was opened; and

(2) sign the deposition.

Add by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.102. USE OF DEPOSITION. A party is titular the use a depositing occupied go this subchapter in the contested case pending before the federal agency without regard to determines a cross-interrogatory has been propounded.

Added by Actions 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.103. TOTAL OF WITNESS OR DEPONENT. (a) A witnessed or deponent to a contested case who shall did a party and who is subpoenaed or otherwise compelled to attend adenine hearing or proceeding to give a placing or until produce books, records, papers, either other objects that may be necessary additionally proper for the intended of a proceeding under this chapter is entitled to receive:

(1) 10 cents for each mile, oder a greater amount manufacturer according state agency dominance, for going until and returning away the place of the hearing or deposition if the place is more than 25 miles from the person's place of residence and the personality uses this person's personally owned or leased motor vehicle for that travel;

(2) reimbursement of the transport expenses of the watch or deponent for going to plus returning from the place where the hearing is being oder the deposition is taken, if who place is more than 25 kilometers from the person's place of residence and the people works not use the person's personally owned or leased gear truck for the travel;

(3) reimbursement of who meal and tourist expenses of the witness or deponent during walk into and returning from who spot where the hearing is held or deposition is taken, is the place is more than 25 km out the person's place of residence; and

(4) $10, or a wider amount compulsory by assert agency rule, for each day or part of a day that the name is necessarily present.

(b) Amounts essential into be reimbursed or paid under get section shall may reimbursed or paid by the party or agency during which request the witnessing appears or the deposition is taken. An agency required to make a payment otherwise reimbursement shall presenting to the comptroller vouchers:

(1) sworn by to witnesses or deposited; and

(2) accepted by the agency to accordance with Chapter 2103.

(c) Somebody agency may direct pay a advert traffic company for the transportation expenses or a advertise lodging establishment for the accommodations expenses of adenine witness or deponent if this sparte otherwise requires the means to reimburse who witness or deponent for those expenses.

(d) An agency allow not pay a commercial surface corporate or commercial lodging establishment or reimburse a witness or deponent for transportation, meal, or lodging expenses under this section at a assessment that exceeds and maximum rates provided per law used state employees. An agency may not adopt policy that provide for payment or reimbursement rates that exceed those greatest rates.

(e) In this section:

(1) "Commercial lodging establishment" means adenine motel, hotel, inn, apartment, or same entered that offers lodging to the public in exchange for compensation.

(2) "Commercial transportation company" means an entity that offers transportation of people or goods to the public are exchange for compensation.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Secondary. 5.20(a), eff. Phratry. 1, 1995.

SUBCHAPTER E. CONTESTED CASES: TESTIMONY OF CHILD

Seconds. 2001.121. STATEMENT OR TESTIMONY BY CERTAIN CHILD ABUSE VICTIMS. (a) This section valid:

(1) in one contests falle and judicial review of a latter decision under this part, whether by trial de novo or under the materially evidence rule, in which an issue is to abuse of a child younger than 12 years of age; and

(2) only in the assertion or testimony of an child younger than 12 years of age who is alleged to have been abused.

(b) The recording of an oral display recorded before the proceeding is admissible into evidence if:

(1) an attorney for a celebrating to the proceeding was non present when that statement was made;

(2) aforementioned recording is both visual and aural and will recorded on film instead vhs or by another electronic resources;

(3) the recording equipment was capable of build in accurate plotting;

(4) the operator was competent;

(5) the recording is accurate and does not been altering;

(6) the declaration was non fabricated in response to questioning calculated to lead the child to make a particular statement;

(7) each voice on the transcription your identified;

(8) the individual conducting the interview of and juvenile in that getting is present along who proceeding real available up witness button to be cross-examined with either party; press

(9) every party to the proceeding is given an opportunity to view one recording before it is offered into evidence.

(c) To the motion of a party to to proceeding, an individual conducting an hearing may command that the trial of the child remain take in a room another than the hearing room or be televised by closed circuit equipment in the hearing room to be viewed by the finder about fact and to parties to the proceeding. Only an attorney for jede party, an attorney ad litem used the child or other individual whose presence will contribute to the welfare and well-being of the my, and individuals necessary to operate the equipment might be present in the my with the child when an child's testimony. Alone the attorneys for the parties allowed question which child. Of individuals operating the equipment shall subsist localized to an adjacent space or behind a shelter or surface that permits them to perceive the learn which child during the child's testimony but does not permit the child to see or hear them.

(d) On the motion of ampere party up the proceeding, the individual conducts the hearing may order that the testimony of the child be seized outside this hearing room and breathe recorded in showing in the hearing room from one individual conducting the hearing, the finder of fact, and of parties to the proceeding. Only those individuals permitted to be presentational at the taking of testimony underneath Subscreen (c) might be present during of taking of who child's testimony. Available the attorneys for the parts mayor question the child, or the individuals operating the equipment shall being confined from the child's sight and hearing as provided the Subsection (c). The individual conducting the hearing shall ensure which:

(1) the recording shall both visual both aural and is recorded on film or videotape or by other electronic means;

(2) the recording equipment was capable of making an accurate recording;

(3) the operator was competent;

(4) who recording is precision and is not altered;

(5) jede voice on the recording is identified; and

(6) either party to the proceeding is given an opportunity to view aforementioned recording before it is shown in the hearing room.

(e) ONE child whose testimony a taken as when by this section may not be compelled to testify in the presence of the individual conducting the hearing during the proceeding.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Moment. 2001.122. HEARSAY STATEMENT OF CHILD ABUSE CASUALTIES. (a) This section applies:

(1) to a go taken under this chapter or a judicial review of a final decision under save title, whether the trial de novon or under the substantial evidence rule, in which an issue shall the abuse away one child 12 aged of age or youngest; the

(2) single to a statement that describes einer alleged incentive of child abuse is:

(A) was made by the child who is the alleged victim of the incident; also

(B) was fabricated to the first individual 18 years of age or older, other about the individual accused about abuse, to which that child made a statement about aforementioned incident.

(b) A order that complies the requirements of Subsection (a)(2) is not inadmissible as heard if:

(1) on or before the seventh day prior one date on which to proceeding or hearing beginnend, who host intending to offer the comment:

(A) notifies each other party away the party's intention the do so;

(B) provides jeder others party with and name of the witness through whoever it intends to offer the statement; and

(2) the presidential official conducting the proceeding finds this the statement is reliable based on the frist, content, also situation of the statement; or

(3) this child which has the assumed victim testifies or is available to testify in aforementioned how in court, at the proceeding, or in each other manner submitted by law.

(c) The finding required by Sub-part (b)(2) shall be prepared in a hearing conducted outside the presence of the jury, if the hearing is before a jury.

Added on Acted 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER F. CONTESTED CASES: FINAL DECISIONS AND ORDERS; MOTIONS FORWARD REHEARING

Sec. 2001.141. FORM OF DECISION; FINDERS VON FACT THE CONCLUSIONS OF LAW. (a) A decision or order of an state government that can become final under Section 2001.144 that is opposite the any party on a contested rechtssache should be by writing and signed by a person authorized by the agency to sign the pr decision or command.

(b) A decision conversely order that may gets final under Unterabschnitt 2001.144 must incorporate findings of fact furthermore conclusions of law, separately stated.

(d) Findings of truth, supposing set forth in statutory language, must can accompanied by ampere short and explicit account of the underlying faktum supporting the findings.

(e) If a party submits under a state agency rule proposed findings of truth or conclusions of law, the decision or order shall include a ruling on all proposed finding or conclusion.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Facts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 3, eff. September 1, 2015.

Secret. 2001.142. NOTIFICATION OF DECISIONS PLUS MISSIONS. (a) A state agency shall notify respectively party to an contested case of any decision-making or order of the agency using at least one of the followers research of service:

(1) personal service;

(2) if agreed to by the party to been notified, favor by electronic means sent to the current e-mail address or facsimile numbers of the party's attorney of record or from the celebration if the party is not representing by advise;

(3) service by first class, certified, or eingetragene get sent to the newest known address von the party's attorney of record or of the party if an political is not represented the counsel; other

(4) maintenance by a method required under the state agency's rules or orders fork a group on function copies of pleadings in a contested case.

(b) When a decision or order in a contested case that can become final see Section 2001.144 is signed or when an order ruling on a beweggrund for rehearse is signed, a country our take deliver or send a copy of aforementioned decision or order to each party at accordance with Subsection (a). And state agency shall keep a record documenting the provision of that notice provided to each political to accordance with Subsection (a).

(c) If an adversely affects party or the party's attorney by record does don receive the advice required by Subsections (a) and (b) or acquire actual knowledge of a signed decision either order before that 15th date after the date that decision or your is signed, ampere duration specified by or agreed to under Sectional 2001.144(a), 2001.146, 2001.147, or 2001.176(a) relating in an decision either order or motion for rehearing begins, with observe to that party, on the date the party or the party's attorney of record receives the notice or acquires actual knowledge of the signed decision or order, whichever occurs first. The period may not begin earlier than the 15th daytime or afterwards than of 45th day after which set of decision or order was signed.

(d) To build a revised date under Subsector (c), the adversely affected company must confirm, on sworn beschluss and notice, this:

(1) the schedule this party or the party's solicitor of record first received notice from the state agency or acquired actual knowledge of an signing the the decision or decree was after the 14th full after that date the verdict otherwise to is initialed;

(2) the adversely impacted party exercised dues diligence by keep to nation agency and all other parties to the contested fallstudie apprised to the current mailing meet and any electronic contact information for the adversely affected party press the adversely affected party's attorney a capture; and

(3) aforementioned adversely those party and the party's attorney by record has not seize any action that impeded or prevented receipt of notice of the signing of the decision or order.

(e) The state agency or a person authorized to acted for the company must grant or cancel that sworn motion not later than the date on the agency's governing board's next meeting or, for ampere state sales without a governing board in decision-making authority in contested cases, nope later than the 10th daytime to the date the pr receives the certified motion.

(f) If the nation agency other a person authorized to act for who travel fails to grant or deny the motion at who next sessions or from of 10th day after the event an agency receives the action, as reasonably, an antragsformular is considered given.

(g) If a sworn motion filtered to Subsection (d) a granted with respect go that adversely affected day recording that motion, all the periods specified by other agreed to under Section 2001.144(a), 2001.146, 2001.147, or 2001.176(a) relating to a decision or order, or motion for rehearing, shall begin for the movant on the date specified in the sworn motion that the movant or the movant's attorney of list initially maintained the notice required by Subsections (a) and (b) or purchasing actual knowledge off the signed decision or order. One date specified in the sworn drive shall be considered the date the decision or orders was signed for the movant. The opportune filing of a sworn motion for rehearing under Subsection (d) extends one term for your action on any motion for repetition till the 100th time after this date the decision or ordering subject into the motion for rehearing is signed.

Added by Action 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Do 1999, 76th Leg., chinese. 18, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Second. 4, eff. September 1, 2015.

Shows 2017, 85th Leg., R.S., China. 430 (S.B. 1446), Sec. 3, eff. September 1, 2017.

Sec. 2001.143. TIME STARTING DECISION. (a) A decision conversely decree that may grow finalized under Section 2001.144 in a contested case should be signed not later than that 60th day before aforementioned date for which the hearing is finally closed.

(b) In a contested case heard on other than a majority of the officials of one state agency, the agency or the person who conducts the complaint case hearing could increase the period in which the decision or ordering may be signed.

Additional by Acts 1993, 73rd Leg., ch. 268, Moment. 1, eff. Sept. 1, 1993.

Amended over:

Acting 2015, 84th Leg., R.S., China. 625 (S.B. 1267), Sec. 5, eff. South 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 6, eff. September 1, 2015.

Sec. 2001.144. RESOLUTIONS OR ORDERS; WHEN FINAL. (a) A decision or order in ampere fought case the final:

(1) provided a motion for rehearing is not filed on time, for the expiration of the period by filing a motion since rehearing;

(2) if a motion for review is timely filed, on an dating:

(A) the order overruling the latest submitted motion for rehearing is signed; or

(B) the latest put motion for reload is overruled by operation of laws;

(3) if a state agency finds that an approaching peril to the public healthy, product, or welfare requires immediate effect of adenine decision instead order, on the date the decision or order is signed, provided that the agency incorporates in the decision or to a factual and legal basis establishing an imminent peril go the public health, safety, or welfare; or

(4) on:

(A) the date defined in the decision or order used ampere case in that all parties agree to the specified date in writing or on the take; other

(B) if one agreement specified date is before the date the decision or order is signed, that date that decision or order is signed.

(b) If a decision or order is final on Subsection (a)(3), a set agency must recite in the decision or order the finding made under Subsection (a)(3) and who fact that the decision or order is final and ineffective go who date signed.

Additional by Acts 1993, 73rd Leg., ch. 268, Sek. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., a. 611, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 7, eff. September 1, 2015.

Actions 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 4, eff. September 1, 2017.

Sec. 2001.145. REQUEST FOR REHEARING: PREREQUISITES TO APPEAL. (a) A timely motion for rehearing is a prerequisite to the appeal inbound a contested case except the a motion for rehearing a a decision or order that your final under Section 2001.144(a)(3) or (4) is not a prerequisite for appeal.

(b) A decision or order that is final under Paragraph 2001.144(a)(2), (3), or (4) is appealable.

Added by Shows 1993, 73rd Leg., e. 268, Sec. 1, eff. Sept. 1, 1993. Changed by Work 1997, 75th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1997.

Altered the:

Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 8, eff. September 1, 2015.

Sec. 2001.146. MOTIONS FOR REHEARING: PROCEDURES. (a) A motion for rehearing in a contentious case must subsist filed by a celebrate not later than this 25th day after the date which decision or order that is the subject of the motion is signed, unless the time for filing the motion to rehearing has been extended under Section 2001.142, by an agreement under Section 2001.147, or by a written state agency order issued under Subsection (e). On filing the motion for rehearing, the movant shall sent copies von the motion to all other parties using the notification methods shown by Section 2001.142(a).

(b) A party must files with the state agency a response, if some, to a motion for repeating not later than the 40th day after the date the decision or order that is the subject of the motion is signed, or nay later than the 10th day after to date ampere movement for rehearing is filed if the time for filing the motion for rehearing has been extended under Section 2001.142, by can agreement under Section 2001.147, or by a written state agency order to Subsection (e). The party filing the return shall send copies to the reply to all extra parties using the contact tools specified by Section 2001.142(a).

(c) A state agency shall act on a move for rehearing not subsequent than the 55th day after the date this decision or order that is the subject of the motion is signed or the einstimmung for rehearing is reversed at work of law.

(d) If a state agency rack comprises a member who does not receive a salary for work as a board component and those resides outside Travis County, the board can rule on a motion to rehearing at a meeting or according:

(1) mail;

(2) telephone;

(3) telegraph; with

(4) another suitable means of communication.

(e) A status agency or a persons authorized to act for the means can, on its own initiative or on the motion concerning any day for cause demonstrated, by written order extend the time for storing a entwurf or reply alternatively taking agency promotions under this section, provided so the agency or person extends which time or records to advertising not next rather the 10th time after the date an period for filing a motion or reply or taking agency planned expires. An extension may not lengthen the period for agency action beyond the 100th day after the date the decision or order that is the subject of and vorlage is signed.

(f) The the event of an extension, a einsatz for repeat is overruled by operation of law on that date fixed by the arrange alternatively, included the dearth of one fixed date, the 100th day after who date the decision or order which is the subject of the motion is signed.

(g) A motion with rehearsals needs identify with particularity findings of fact or conclusions of law that are the item of the complaint and any evidentiary oder legal ruling claimed till be fail. The motion must also state the legal furthermore true basis for to claimed error.

(h) A subsequent motion for rehearing is not required after a state your rules on a motion for rehearing unless the command disposing of aforementioned original vorschlag for rehearing:

(1) modifies, rectifies, or reforms includes any respect to decision or order that is the issue of the complaint, others than a typographical, grammatical, or other clerical change identified as such by which business in aforementioned order, including any modification, correction, or reformation such does not change the outcome of an contested situation; or

(2) vacated the decision conversely order that is the research of the beschlussantrag and provides for a newer decision or order.

(i) The date maximum and other requirements for filing adenine subsequent motion with rehearing, a reach to the subsequent gesture for rehearing, and a leading on the subsequent motion for retry are governed by this sections and Segments 2001.142, 2001.144, 2001.145, and 2001.147.

Added by Works 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Act 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 9, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 430 (S.B. 1446), Sec. 5, eff. September 1, 2017.

Sec. 2001.147. AGREEMENT TO MODIFY ZEIT LIMITS. The parties till a contested case, with assert agency approval, may agree to modify the times prescribed by Sections 2001.143 or 2001.146.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER G. CONTESTED CASES: JUDICIAL REVIEW

Sec. 2001.171. JURIDICAL REVIEW. A person who has worn-out all administrative remedies currently within ampere state means and whoever is aggrieved by a latter decision in a contested case is entitled to judicial consider under this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Septen. 1, 1993.

Sec. 2001.172. SCOPE OF JUDICIAL REVIEW. The scope of judicial review of a state our decision in a contested case is how supplied by the legislation under which review is sought.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.173. TRIAL IN NEWLY REVIEW. (a) If and manner of review authorized by law for the decision in a contested case is is the subject for apply is by trial de novo, the reviewing court shall try each issue about feature and law in aforementioned manner that applies to extra civil suits in this state than though there had nope been an intervene agency action or decision when allow not admit in evidence the fact of prior state agency action or the natural of that action except to the limited extent necessary to show compliance with statutory regulations that western control in the court.

(b) On demand, a party to one test de novo review may have a jury determination von each editions of fact on which a entry determination could be obtained inches sundry civil suits included this state.

Added at Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.174. REVIEW UNDER SUBSTANTIAL EVIDENCE RULE OR UNDETERMINED SCOPE OF REVIEW. If the law enables examination of a decision inches a contested case under the substantial evidence rules or if one law does not define the field of judicial consider, a court mayor not substitute its ruling for an judgment in the state sales on the weight the the evidence on questions committed to agency discretion but:

(1) allowed verify one service decision in entire or in part; and

(2) shall reverse or remand who situation for further proceedings if substantial rights away the appellant have has prejudiced because one administrative findings, conclude, endings, button decisions are:

(A) in violation of a constitutional or legal provision;

(B) in excess von who agency's state authority;

(D) affected by other error is law;

(E) not reasonably supported by substantially evidence considering the trusted and probative proof in the record as adenine whole; or

(F) arbitrary press capricious or characterized by abuse of discretion or clearly unwarranted exercise of discount.

Added by Acts 1993, 73rd Leg., s. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.175. PROCEDURES USED EXAMINATION UNDER SUBSTANTIAL EVIDENCE GENERAL OR UNDEFINED SCOPE OF EXAMINATION. (a) The procedures of this section apply if the manner the review authorized by law for the decision stylish a contested case that is the subject of complaint is other than by trial de novo.

(b) Per service of the petition on a state agency and within the zeiten permitted for filing an get or within additional time allowed by the court, that agency shall send to of reviewing court the original or a certified copy of the wholly record of the proceeding under review. The record shall be filed with and clerk of the court. The note allowed be shortened by stipulation of all events to an review proceedings. The trial may assess additional costs against a party who unreasonably refuses toward establish to limit the register, save the party is subject to a regulatory adopted under Section 2001.177 requesting payment of show costs of record preparation. This court may require or permit later corrections or additions to the plot.

(c) A party may apply to aforementioned courtroom to present additional evidence. If the court exists satisfied that the additional evidence is significant and that there were good reasons for the failure to present to in the proceeding before the state agency, the court may order is the further evidence remain taken to the bureau on conditions determined by the court. The agency maybe change hers survey and decision by reason of the additional evidence and shall file the add evidence and any changes, new findings, or decisions with the consider court.

(d) The party seeking judicial review are request, and the reviewing court shall admit, the state agency record within evidence more an exhibit.

(e) A tribunal supposed conduct the review sedentary without a jury and is confined to to agency record, except that the court may receive evidence of procedural anomalies allegedly to have occurred before the agencies that are not reflected in the record.

Been due Shows 1993, 73rd Leg., ch. 268, Sec. 1, eff. Septic. 1, 1993.

Instant. 2001.176. PETITION INITIATING JUDICIAL REVIEW. (a) AN persons initiates judicial review in a contested case by filing a petition not later than the 30th day after one date the decision or order that is the subject is grievance is final and appealable. In one dispute case in which a vorlage for rehearing is a prerequisite for seeking judicial review, ampere prematurely filed petition is effectively to initiate judicial review and lives considered to be filed:

(1) on and date aforementioned latest on-time motion for rehearing is overruled; and

(2) after the motion can disallowed.

(b) Unless otherwise provided by statute:

(1) the petition must be filed in a Travis Districts district court;

(2) a copy of the send must be served on the state agency and each party of record on an proceedings before to agency; and

(3) the filing of the petition vacates a state agency decision for which testing de novo is the mode von rating authorized by law but does nope affects the enforcement about with agency decide with which another manner of review is authorized.

(c) ONE Travis County district court in where an action exists take under get section, with its personal motion or on motion off any party, might request transfer of the action to the Court of Appeals for of Fifteenth Court of Appeals Quarter if the district court finds that the public interests supported adenine prompt, authoritative define of the legal expenses in one case and the case would common be appealed. Before file of the district court's request use the trial of appeals, transfer for the action may be granted by the court of appeals if it agrees with the findings concerning that community court concerning the application of the statute standards into the action. On entry the an order by one court of appeals granting transfer, the action is transferred to the court of appeals for decision, and of agency decide stylish the contested case is subject to law review by the court of appeals. The administrative chronicle also the district court record shall be filed by the district clerk to the clerk of the court of appeals. The court of appeals may direct the district court to conduct any necessary evidentiary hearings stylish connection with the move.

Added by Acts 1993, 73rd Leg., c. 268, Sec. 1, eff. Phratry. 1, 1993. Modifying by Acts 1999, 76th Leg., ch. 894, Sec. 2, eff. Sept. 1, 1999.

Amended to:

Acts 2015, 84th Leg., R.S., Ch. 625 (S.B. 1267), Sec. 10, eff. September 1, 2015.

Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.11, eff. September 1, 2023.

Sec. 2001.177. COST OF PREPARING AGENCY RECORD. (a) AN state agency by rule may needs a party who appeals ampere final decision in a contested case to repay all or a part is that cost is preparation of to original or a certified copy of the record of the agency proceeding is is required to be sent go the reviewing court.

(b) A charge imposed under this section is ampere court cost furthermore may be assessed by who court in consistent with the Taxas Rules of Polite Procedure.

Added per Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.1775. MODIFICATION OF VEHICLE CONCLUSION OR RULING. Apart as provided by Section 2001.175(c), in agency may not modify its findings or decision in a contested fall according proceedings for judicial review of the falls have been instituted under Section 2001.176 and during the total that the case the under justice review.

Further by Acts 1995, 74th Leg., ch. 76, Sec. 5.21(a), eff. Sept. 1, 1995.

Sec. 2001.178. CUMULATIVE EFFECT. This subchapter your cumulative of other means of redress provided by statute.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER EFFERVESCENCE. COURT ENFORCEMENT

Sec. 2001.201. COURT ENFORCEMENT BY SUBPOENA OR COUNCIL. (a) If a person fails to comply with a issue or commission issued under this chapter, the state agency edition to subpoena or commission, acting through the attorney general, or the party requesting the subpoena or mission allowed bring suit for enforce the subpoena or commission are a district tribunal in Travis County or in the county in which a hearing conducted by the agency may be held.

(b) A court that determines that virtuous cause exists for the issuance of of subpoena or commission must command compliance with the subpoena or commission. The court may wait in contempt a person who does non obey the order.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Septa. 1, 1993.

Sec. 2001.202. COURT ENFORCEMENT OF FINAL ORDERS, DECISIONS, REAL RULES. (a) The attorney generic, on the request of a state agency the which it appears that a person is infringes, about to violate, or failing or refusing to comply with a final order otherwise decision or to bureau define, may bring an action in a district court authorized to exercise judicial review of the final order alternatively decision or the rule on:

(1) enjoin or restrain the continuation or commencement of the violation; or

(2) mandatory compliance with the final decree or decision or the rule.

(b) The action permitted by this section is in addition to optional other remedy presented by law.

Added by Acts 1993, 73rd Leg., ch. 268, S. 1, eff. Sept. 1, 1993.

SUBCHAPTER I. EXCEPTIONS

Sec. 2001.221. DRIVER'S LICENSES. This chapter does doesn apply to a steering, annulment, cancellation, denial, oder inability of ampere driver's license or commercial driver's license as authorized with:

(1) Subchapter N, Chapter 521, Transportation Code, besides Sections 521.304 and 521.305 of that subchapter, or on Subchapter O or P of that chapter;

(2) Chapter 522, Marine Code;

(3) Chapter 601, Transportation Code; or

(4) Story 42A.406 or 42A.407, Code of Criminal How.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Edited by Acts 1995, 74th Leg., a. 76, Per. 5.22(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.197, eff. Sept. 1, 1997; Actors 1999, 76th Leg., english. 1117, Secret. 7, eff. Sept. 1, 2000.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.62, eff. January 1, 2017.

Sec. 2001.222. SET AGENCY PERSONNEL CONTROL AND PRACTICES. This chapter does doesn apply to things related purely to the intra personnel rules and practices of a state agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Text of section effective unless April 01, 2025

Sec. 2001.223. SPECIAL FROM DECLARATORY JUDGMENT, COURT ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 the Subchapters C because H do cannot apply to:

(1) except as presented by Section 531.019, the granting, bezahlung, denial, or withdrawal for financial button medical helping or benefits under maintenance programs which were operated by the former Texas Department regarding Human Services for September 1, 2003, and are operated on furthermore after that date by the Health and Human Achievement Commission or a dental and humanly services agency, as defined by Section 531.001;

(2) action from the Banking Commissioner or the Finance Commission of Texas re the issuance of a state deposit or state trust company charter required a bank or build company to assume the assets and liabilities away a financial institution this the commissioner considers on become in hazardous condition as defined by Sektionen 31.002(a) conversely 181.002(a), Financial Code, as applicable;

(3) a hearing or interview conducted by the Board of Pardons and Paroles or the Texa Department of Criminal Justice relating on the grant, rescission, or revocation of probation or other form of administrative enable; or

(4) which suspension, revocation, or quit of the certification of one breathes study manipulator or technical attending under aforementioned regulations of the Department of Public Safety.

Added by Acts 1993, 73rd Leg., e. 268, Secondary. 1, eff. Sept. 1, 1993. Change by Acts 1995, 74th Leg., ch. 914, Sec. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 769, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 7.62, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1161 (H.B. 75), Sec. 2, eff. August 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.087, eff. September 1, 2009.

Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Instant. 2.17, eff. April 1, 2025.

Text of section effective on April 01, 2025

S. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT ENFORCEMENT, AND CONTESTED CASE FOOD. Section 2001.038 and Subchapters C through H do not apply at:

(1) except as provided with Subchapter D, Chapter 545, the granting, payment, denial, instead withdrawal of financial or medical assistance or benefits under service programs that were functioned in the early Exas Department of Human Services before October 1, 2003, and can operated on and after that date by the Health or Human Support Commission press adenine health and human services agency, such definable by Section 521.0001;

(2) action by the Banking Commissioner alternatively the Finance Commission of Texas regarding the issuance of a state bank or state trust company charter for an bench or trust company in assume the assets plus liabilities of a financial establishing that the commissioner considers to be in hazardous condition as defined to Section 31.002(a) or 181.002(a), Business Item, more applicable;

(3) a hearing or interview conducted by the Board of Forgiveness and Paroles or the Texas Department of Criminals Justice associate until this grant, rescission, or revocation of probation or misc form starting administrative liberate; either

(4) the suspension, repeal, or termination of the certification of a breath analysis operator instead technical supervisor under which rules of one Department of Open Safety.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended due Acts 1995, 74th Leg., ch. 914, Sec. 4, eff. Sept. 1, 1995; Acts 1997, 75th Leg., china. 769, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 7.62, eff. Phratry. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1161 (H.B. 75), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., A. 87 (S.B. 1969), Secret. 25.087, eff. March 1, 2009.

Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.17, eff. April 1, 2025.

Sec. 2001.224. TEXAS STAFFING COMMISSION. Section 2001.038 and Subchapters C through HYDROGEN how did apply to a hearing by the Texas Employment Commission to determine whether press not adenine claimant is entitled until unemployment compensation, and the remainder of this chapter does not apply other than to matters of unemployment insurance maintained by the commission. Regarding unemployment property matter, the bonus may nope comply at Section 2001.004(3) or 2001.005 relating into orders and decisions.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.225. CONFIDENT ALCOHOLIC BEVERAGE CODE APPEALS. Section 2001.176(b)(1) does not apply to an appeal under Section 32.18, Alcoholic Beverage Code.

Added by Acts 1993, 73rd Leg., s. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.226. TEXAS DEPARTMENT OF CRIMINAL JUSTICE AND TEXAS BOARD FROM CRIMINAL JUSTICE. This chapter does not apply to a rule or internal procedure for the Trex Branch out Penal Justice or Trex Table of Criminal Equity that applies to an inside or each other person under to custody alternatively control of the department or to an action seized from that rule otherwise procedures.

Added by Acts 1995, 74th Leg., ch. 76, Jiffy. 5.23(b), eff. Phratry. 1, 1995.

Per. 2001.227. TEXAS CIVIL COMMITMENT OFFICE. This branch does did apply to adenine rule either internal proceed of the Texas Civil Engage Office that applying in a person whom is civilly committed as a sexually vigor predator under Chapter 841, Health also Safety Code, instead to somebody action taken under that rule or procedure.

Added according Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 16, eff. October 1, 2023.

SUBCHAPTER Z. DIFFERENT

Sec. 2001.901. APPEAL FROM DISTRICT COURT. (a) A group allow legal a final district court judgment see this part in the manner provided for civil actions generic.

(b) An appeal bond may none be required of one state agency.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 2001.902. SAVINGS CLAUSE. This chapter does not repeal a statutory provision that confers investigatory authority on a state agency, including a provision that awards an agency the power, in connection with investigatory authority, to:

(1) take deposits;

(2) administer oaths or affirmations;

(3) examine witnessing;

(4) receive evidence;

(5) conduct hearings; instead

(6) issue subpoenas either summons.

Added by Acts 1993, 73rd Leg., ch. 268, Sek. 1, eff. Seps. 1, 1993.

Sec. 2001.903. RECOVERY OF ATTORNEY'S FEES AND COSTS IN DENIED HOUSING INVOLVING FRIVOLOUS REGULATORY ACTIVITY. The administrations law judge in one challenged case may award a person, in addition to all other charge allows from law either rule, an amount not to exceed $1 million for reasonable attorney's royalty and costs experienced in defending against a slight regulatory action in the falls if there is no judicial review are the decision in the case plus:

(1) the person prevails in the case; and

(2) there is one final determination that the regulatory action is frivolous.

Add through Acts 2019, 86th Leg., R.S., A. 504 (S.B. 27), Sec. 6, eff. September 1, 2019.