| (a) Hearings of contested cases referred to SOAH shall
be conducted by an administrative law judge assigned by SOAH and in
accordance with the Act, the rules of SOAH, and this chapter. SOAH
shall acquire jurisdiction over a case when the commission completes
and files a Request to Docket Case form, together with other pertinent
documents giving rise to the contested case.
(b) Discovery. The scope and form of discovery in a
contested case shall be the same as provided by the Texas Rules of
Civil Procedure and shall be subject to the constraints provided therein
for privileges, objections, protective orders, and duty to supplement,
as well as the constraints provided in the Act and rules of SOAH.
(c) Evidence. The Texas Rules of Evidence as applied
in a nonjury civil case in district court shall govern contested case
hearings. The admissibility of evidence in a contested case shall
be governed by the Act and by the rules of SOAH.
(d) Burden of proof. A party seeking monetary damages
or penalties shall bear the burden of proof. In all other instances,
the party challenging a commission decision or action shall bear the
burden of proof.
(e) Transcript. Proceedings shall be recorded when
requested by the ALJ, the commission, or by any party. The cost of
preparing the transcript shall be assessed against and is to be paid
by the party or parties requesting the transcription.
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