| (a) These rules shall govern the procedure for the
institution, conduct, and determination of proceedings before the
department including hearings referred to SOAH. They shall not be
construed so as to enlarge, diminish, modify, or alter the jurisdiction,
powers, authority, or the substantive rights of any person or the
department.
(b) When references are made to the APA, the words
"agency," "an agency," or "the agency" used therein shall be taken
to mean the department. When references are made to the Texas Rules
of Civil Procedure, or the Texas Rules of Evidence, the word "court"
used therein shall be taken to mean the department, or where appropriate,
SOAH, and the word "clerk" shall mean the hearings clerk or other
staff member primarily responsible for legal support to the administrative
law judge for the department, or where appropriate, SOAH. Any reference
to provisions of the APA or rules shall mean the provision cited as
currently in force or as it shall be hereafter amended.
(c) Where there is a conflict between these rules and
the joint memorandum of understanding between the department and SOAH
found at 1.310 of this title (relating to the Joint Memorandum of
Understanding (MOU) Between the Texas Department of Agriculture (TDA)
and the State Office of Administrative Hearings (SOAH) Concerning
Procedures for Contested Cases Conducted by SOAH for TDA), the joint
memorandum of understanding shall control.
(d) In the case of the application of these rules to
a hearing conducted by SOAH where there is a conflict between these
rules and the SOAH procedural rules found at Title 1, Part 7, Chapter
155, the SOAH rules shall control.
|
| Source Note: The provisions of this §1.3 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 August 30, 2000, 25 TexReg 8375; amended to be effective December 8, 2022, 47 TexReg 8039 |
