| (a) Scope. This chapter governs contested case hearings,
which adjudicate disputes before SOAH as authorized under the Act.
(b) Coordination with SOAH's Procedural Rules. This
chapter governs the following procedural matters and also provides
related policies of the division on the following:
(1) matters arising before a case is transferred by
the division to SOAH;
(2) matters arising after a proposal for decision or
after the entire case is received from SOAH;
(3) requests for the issuance of a subpoena and related
matters; and
(4) requests for issuance of a commission requiring
deposition and related matters.
(c) Applicability of the APA.
(1) The entire APA applies to contested case hearings
under Labor Code §§407.046, 407A.007, 413.031, 413.0312,
413.055, 415.0211, and 415.034.
(2) The sections of the APA enumerated in Labor Code §401.021(1)
apply to all other contested case hearings governed by this chapter.
(3) The ALJ renders the final decision in hearings
conducted pursuant to Labor Code §§413.031, 413.0312, and
413.055.
(4) The commissioner renders the final decision in
all other cases not specified in paragraph (3) of this subsection
pursuant to Government Code §2001.062.
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