| (a) This chapter governs the procedures of the State
Office of Administrative Hearings (SOAH). These rules apply in all
matters referred to SOAH, including contested cases under the Administrative
Procedure Act (APA), Tex. Gov't Code Chapter 2001. These rules do
not apply to matters otherwise addressed by statute or to matters
that are otherwise limited by the provisions of this chapter.
(b) Administrative License Suspension cases initiated
by the Texas Department of Public Safety are governed by Chapter 159
of this title.
(c) Arbitration procedures for certain enforcement
actions of the Texas Department of Aging and Disability Services regarding
assisted living facilities and nursing homes are governed by Chapters
156 and 163 of this title.
(d) Appeals of appraisal review board decisions are
governed by Chapter 165 of this title.
(e) Dispute resolution procedures for certain consumer
health benefit disputes under Insurance Code, Chapter 1467, are governed
by Chapter 167 of this title.
(f) The procedural rules of the Public Utility Commission
of Texas (PUC) that are adopted by reference are those enacted in
Title 16, Chapter 22 of the Texas Administrative Code. The procedural
rules of the Texas Commission on Environmental Quality (TCEQ) are
adopted by reference are those enacted in Title 30, Chapter 80 of
the Texas Administrative Code. This adoption does not include any
PUC or TCEQ rules addressing the use of Alternative Dispute Resolution
(ADR) processes at SOAH. Those ADR processes are governed by the Governmental
Dispute Resolution Act, Tex. Gov't Code Chapter 2009; SOAH rule provisions
pertaining to ADR; and interagency contracts, memoranda of understanding,
or other written agreements with referring entities.
(g) The procedural rules of the Comptroller of Public
Accounts (CPA) that address the hearing process in matters referred
by that agency pertaining to protesting preliminary findings of a
property value study are those enacted in Title 34, Chapter 9, Subchapter
L of the Texas Administrative Code.
(h) Under Tex. Gov't Code §815.102, the procedural
rules of the Employees Retirement System of Texas (ERS) govern the
formal contested case process in matters it refers to SOAH.
(i) Proceedings under the Individuals with Disabilities
Education Act (IDEA), 20 U.S.C. §§1400, et seq. , are governed by that statute, federal
regulations at 34 C.F.R. Part 300, the rules of the Texas Education
Agency at 19 TAC Chapter 89, and the procedures set forth in §§155.51,
155.53, 155.101(a)-(b), 155.103, 155.105, 155.301, 155.305, and 155.429(b)
of this chapter.
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| Source Note: The provisions of this §155.1 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective April 16, 2009, 34 TexReg 2376; amended to be effective January 1, 2017, 41 TexReg 8593; amended to be effective September 1, 2021, 46 TexReg 5381 |
