|(a) SOAH proceedings shall be conducted in accordance
with the APA, when applicable, and with this chapter. The judge may
modify and supplement the requirements of this chapter to promote
the fair and efficient handling of the case and to facilitate resolution
of issues, if doing so will not unduly prejudice the rights of any
person or contravene applicable statutes.
(b) If there is a conflict between an agency's rules
or prior decisions and statutory provisions applicable to the case,
and the rules or decisions cannot be harmonized with the statute,
the statute controls.
(c) The procedural rules of a state agency govern SOAH
proceedings only to the extent that SOAH's rules adopt the agency's
procedural rules by reference, unless otherwise required by law.
(d) If there is a conflict between SOAH's rules and
the procedural rules of the TCEQ adopted in §155.1 of this chapter,
the TCEQ rules will control.
(e) If there is a conflict between SOAH's rules and
the procedural rules of the PUC adopted in §155.1 of this chapter,
the PUC rules will control.
(f) If there is a conflict between SOAH's rules and
the procedural rules of ERS referenced in §155.1 of this chapter,
the ERS rules will control.
(g) This chapter shall be construed to ensure the just
and expeditious determination of every matter referred to SOAH. Not
all contested procedural issues will be susceptible to resolution
by reference to the APA and other applicable statutes, this chapter,
and case law. When they are not, the presiding judge will consider
applicable policy of the referring agency documented in the record
in accordance with §155.419 of this chapter, the Texas Rules
of Civil Procedure (TRCP) as interpreted and construed by Texas case
law, and persuasive authority established in other forums.
(h) Unless otherwise expressly provided, the past,
present, and future tense shall each include the others; the masculine,
feminine, and neuter gender shall each include the others; and the
singular and plural number shall each include the other.
(i) Words and phrases shall be read in context and
construed according to the rules of grammar and common usage. Words
and phrases that have acquired a technical or particular meaning,
whether by legislative definition or otherwise, shall be construed
accordingly. The principles of statutory construction and of the Code
Construction Act, Tex. Gov't Code Chapter 311, apply.