| (a) Administrative appeals will be conducted in accordance
with the Administrative Procedure Act (APA), Texas Government Code
Chapter 2001.
(b) An applicant who disagrees with an OAG decision
to deny, decertify, suspend or probate a certification under this
subchapter may request, in writing, an opportunity to show compliance
within 30 days of the decision. Upon receipt of a request for an opportunity
to show compliance, the OAG will review the prior decision and any
additional information submitted by the requestor. A decision on a
request for an opportunity to show compliance will be issued by the
OAG in writing, stating the legal authority for the decision, the
particular sections of the statutes and rules involved, and a short,
plain statement of the matters asserted. If an opportunity to show
compliance does not result in the reversal of a prior OAG decision
to deny, decertify, suspend or probate a certification under this
subchapter, the applicant may request a contested case hearing, as
defined under the APA. The procedure for contested cases will be governed
by the APA and this subchapter.
(c) Upon request of the parties or on the hearing officer's
own motion, the hearing officer may conduct a pre-hearing conference.
The hearing officer may notify the parties, in writing, of the disposition
and rulings made on all matters considered at the pre-hearing conference.
(d) If, prior to a final decision by the OAG, the hearing
officer is unable to continue to serve, the OAG may appoint another
examiner to perform any remaining functions without the necessity
of repeating previous proceedings.
(e) All hearings shall be open to the public, except
as otherwise required by law, and shall be held telephonically, unless
good cause and the public interest merit another place of hearing,
as designated by the OAG.
(f) Hearings may be conducted by OAG employees designated
as hearings officers. Subject to any limitations imposed by law or
rule, the hearing officer shall have broad discretion in regulating
the course and conduct of the hearing. The hearing officer shall have,
but shall not be limited to, the following authority:
(1) to administer oaths and affirmations, issue subpoenas,
authorize the taking of depositions and issue discovery orders as
authorized by law, call and examine witnesses, receive and rule on
the admissibility of evidence and amendments to pleadings, limit the
number of witnesses whose testimony would be merely cumulative, set
reasonable times within which a party may testify, cross-examine witnesses,
or present evidence, and recess any hearing;
(2) to issue a final decision, including proposed findings
of fact and conclusions of law, amend the final decision, or both,
based upon post-hearing motions filed by the parties; and
(3) to take any other permissive action which is necessary
for a fair, just, and proper hearing.
(g) An applicant who does not pursue the procedures
described in the APA and in this subchapter will have failed to exhaust
all available administrative remedies.
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