| (a) Upon receipt of a pleading which is intended to
institute a proceeding before the department and complies with this
chapter as to form and content, the hearings clerk shall docket the
same as a pending proceeding, number it in accordance with any established
docket numbering system of the department, and assign an administrative
law judge to the action. If the action is to be referred to SOAH for
hearing, the action shall be referred to SOAH in accordance with the
joint memorandum of understanding between the department and SOAH.
(b) Upon the receipt of a request for setting of a
hearing on a docketed case, the hearings clerk or other staff member
primarily responsible for legal support to the administrative law
judge for the department, shall, in coordination with the administrative
law judge, set a hearing date and prepare the notice of hearing. If
the case has been referred to SOAH for hearing, the setting of the
hearing and preparation and mailing of the notice of hearing shall
be done in accordance with the joint memorandum of understanding between
the department and SOAH available at Subchapter G, §1.310 of
this chapter.
(c) Except as provided in subsection (b) of this section,
the notice of hearing shall be issued by the administrative law judge
and served on parties as provided at §1.5 of this chapter (relating
to Filing and Service of Documents).
(d) The notice of hearing shall comply with the provisions
of the APA, §2001.052.
(e) Except upon a showing of good cause, all contested
case hearings in which the department is a party shall be held in
Austin. A party may request a change of location by sending a written
request stating the reasons compelling such a change to the administrative
law judge. Any such request shall conform with the requirements of
these rules and shall be served upon parties in accordance with §1.5
of this chapter (relating to Filing and Service of Documents).
|
| Source Note: The provisions of this §1.13 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656; amended to be effective December 8, 2022, 47 TexReg 8039 |
