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(a)Referral of any matter to SOAH may only be made
by the division.
(b)Subsequent to receiving a valid request for a referral
from a petitioner under §9.4311 of this title (relating to Prehearing
Exchanges and Informal Conference Regarding Petition), the division
may file a request to docket a hearing with SOAH. At the time a request
to docket is filed, the division shall also provide to SOAH:
(1)a list of the grounds for objection being referred;
(2)a copy of the documents delivered by the division
pursuant to §9.4311(e) of this title;
(3)a copy of the portions of the petition relating
to the grounds for objection being referred;
(4)a copy of any documentary evidence and supplemental
documentary evidence timely submitted by petitioner pursuant to this
subchapter for grounds for objections being referred; and
(5)a copy of witness designations and identifications
timely submitted by petitioner pursuant to this subchapter for grounds
for objections being referred.
(c)The documents submitted pursuant to subsection
(b)(1) - (5) of this section will be submitted in an organized manner
to facilitate reference to such documents by the ALJ.
(d)At the discretion of the division director, the
director may join matters referred to SOAH pursuant to this section
for purposes of the hearing.
(e)Following receipt of the request to docket pursuant
to this section, SOAH shall:
(1)assign the case a docket number;
(2)assign an ALJ;
(3)schedule the protest for hearing to be held not
later than 45 calendar days after the date of the referral; and
(4)no later than 14 calendar days before the scheduled
hearing, deliver notice of the date, time, and location of the hearing
to the parties identified in the request to docket. Hearings scheduled
pursuant to this section shall be held at a location designated by
SOAH. Notice under this subsection will be made by U.S. first class
mail, facsimile, email, or via an electronic filing and service system
utilized by SOAH.
(f)Following receipt of the notice of the hearing
date, time, and location from SOAH pursuant to this section, the division
shall deliver to petitioner a copy of all documents that were submitted
to SOAH pursuant to subsection (a) of this section. Such copies of
documents submitted to SOAH must be delivered, unless otherwise agreed
by the parties, not later than ten calendar days before the date of
the hearing. Service under this subsection will be made by U.S. first
class mail, facsimile, email or via an electronic filing and service
system utilized by SOAH.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on
December 21, 2020
TRD-202005646 Victoria North
General Counsel for Fiscal and Agency Affairs
Comptroller of Public Accounts
Earliest possible date of adoption: February 7, 2021
For further information, please call: (512) 475-2220
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