| (a) SOAH shall conduct formal hearings in accordance with the
APA, the Rules of Procedure of SOAH, the Landscape Architects' Registration
Law, the Rules and Regulations of the Board, and case law, provided that:
(1) an administrative law judge may, by order, modify the requirements
of the Rules of Procedure of SOAH and supplement other procedural requirements
of law to promote the fair and efficient handling of a Contested Case; and
(2) an administrative law judge may modify the procedural requirements
of the Rules of Procedure of SOAH in appropriate cases to facilitate resolution
of issues if doing so does not prejudice any of a party's rights or contravene
applicable statutes.
(b) If there is any conflict between the Rules and Regulations
of the Board or a prior decision of the Board and any of the statutory provisions
applicable to a Contested Case, the statute controls.
(c) Not all contested procedural issues may be susceptible
to resolution by reference to the APA and other applicable statutes, the Rules
of Procedure of SOAH, the Rules and Regulations of the Board, and case law.
When they are not, the presiding administrative law judge shall consider the
Texas Rules of Civil Procedure (TRCP) as interpreted and construed by Texas
case law, and shall consider persuasive authority established in other forums
in order to issue orders and rulings that are just in the circumstances of
the Contested Case.
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