| (a) Unless otherwise provided by Texas Occupations
Code, Chapter 51; by the Administrative Procedure Act (APA), Texas
Government Code, Chapter 2001; by the rules of the State Office of
Administrative Hearings (SOAH), 1 TAC Chapter 155; by other law; or
by the provisions of this chapter, this subchapter governs the institution,
conduct, and determination of all contested cases under the APA.
(b) SOAH acquires jurisdiction over a contested case
at certain stages of the adjudicative matter, as prescribed under
the APA. SOAH's rules of procedure, 1 TAC Chapter 155, govern during
the period when SOAH has jurisdiction over the contested case.
(c) In the case of a conflict between SOAH's rules
of procedure and the rules in this subchapter, SOAH's rules of procedure
control for the time period starting after the Request to Docket Case
form has been filed and concluding after the final amendments or corrections
to the proposal for decision have been filed.
(d) The rules in this subchapter shall not be construed
so as to enlarge, diminish, modify, or otherwise alter the jurisdiction,
powers, or authority of the commission, the executive director, or
the substantive rights of any person or agency.
|
| Source Note: The provisions of this §60.300 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694 |
