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Sec. (a) A state agency may adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and a hearing that it finds practicable, if the agency: (1) finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or federal law, requires adoption of a rule on fewer than 30 days' notice; and. (a) The identity and location of a potential party or witness in a contested case may be obtained from a communication or other paper in a party's possession, custody, or control. The record may be shortened by stipulation of all parties to the review proceedings. A state agency rule, order, or guide relating to decentralization of agency services or programs must include a statement of the manner in which the agency complied with Section 391.0091, Local Government Code. Sec. SCOPE AND EFFECT OF ORDER INVALIDATING AGENCY RULE. 21.001(64), eff. EFFECTIVE DATE OF RULES; EFFECT OF FILING WITH SECRETARY OF STATE. SCOPE OF JUDICIAL REVIEW. 2001.037. In a proceeding in which the state agency has the burden of proof, a state agency that intends to rely on a section of a statute or rule not previously referenced in the notice of hearing must amend the notice, or the complaint or petition, if applicable, to refer to the section of the statute or rule not later than the seventh day before the date set for the hearing. (c) This section does not apply to a rule that: (1) relates to state agency procurement; (A) reduce the burden or responsibilities imposed on regulated persons by the rule; or. 1, eff. 5.20(a), eff. TRIAL DE NOVO REVIEW. All Rights Reserved. 1, eff. RECOVERY OF ATTORNEY'S FEES AND COSTS IN CONTESTED CASES INVOLVING FRIVOLOUS REGULATORY ACTION. September 1, 2017. (6) each party to the proceeding is given an opportunity to view the recording before it is shown in the hearing room. September 1, 2017. 2, eff. The rules of evidence as applied in a nonjury civil case in a district court of this state shall apply to a contested case except that evidence inadmissible under those rules may be admitted if the evidence is: (1) necessary to ascertain facts not reasonably susceptible of proof under those rules; (3) of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs. Sec. Sept. 1, 1993. September 1, 2017. This chapter does not apply to a rule or internal procedure of the Texas Department of Criminal Justice or Texas Board of Criminal Justice that applies to an inmate or any other person under the custody or control of the department or to an action taken under that rule or procedure. September 1, 2015. Sec. 76, Sec. Sept. 1, 1993. 7.62, eff. (2) amends a rule to decrease the total cost imposed on regulated persons by an amount that is equal to or greater than the cost imposed on the persons by the proposed rule. 2001.172. PETITION INITIATING JUDICIAL REVIEW. Sec. EXAMINATION OF RECORD BY STATE AGENCY; PROPOSAL FOR DECISION. 1267), Sec. 2(a), eff. 1290), Sec. 2001.058. The administrative record and the district court record shall be filed by the district clerk with the clerk of the court of appeals. Sec. Sept. 1, 1997. June 18, 1999. REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES. Subject to the requirements of Sections 2001.081 through 2001.084, any part of the evidence in a contested case may be received in writing if: (2) the interests of the parties will not be substantially prejudiced. (e) If a party submits under a state agency rule proposed findings of fact or conclusions of law, the decision or order shall include a ruling on each proposed finding or conclusion. The proceedings must be promptly determined, and if the proceedings are not initiated before the 30th day after the date the order is signed, the license holder may appeal the summary suspension order to a Travis County district court. (2) a stenographic, mechanical, electrical, or other recording, or a transcription of the recording, which is a substantially verbatim recital of an oral statement by the person making it and that was contemporaneously recorded. (b) A party may be required to produce and permit the inspection and copying of a report, including factual observations and opinions, of an expert who will be called as a witness. Sec. Amended by Acts 1997, 75th Leg., ch. 871, Sec. NOTIFICATION OF DECISIONS AND ORDERS. Sec. (b) A decision or order that is final under Section 2001.144(a)(2), (3), or (4) is appealable. (f) After the deposition officer has entered any change and a statement of reasons for the change on the deposition under Subsection (e), the witness shall sign the deposition unless: (1) the parties present at the taking of the deposition by stipulation waive the signing; (g) If a deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the witness's waiver, illness, absence, or refusal to sign and the reason given, if any, for failure to sign. 2001.007. (a) A deposition in a contested case shall be submitted to the witness for examination after the testimony is fully transcribed and shall be read to or by the witness. ISSUANCE OF SUBPOENA. 1267), Sec. 2001.146. 268, Sec. An identical rule may be adopted under Sections 2001.023 and 2001.029. (b) In the notice of a proposed rule that amends any part of an existing rule: (1) the text of the entire part of the rule being amended must be set out; (2) the language to be deleted must be bracketed and stricken through; and. (a) The procedures of this section apply if the manner of review authorized by law for the decision in a contested case that is the subject of complaint is other than by trial de novo. Sec. 763), Sec. Sec. On entry of an order by the court of appeals granting transfer, the action is transferred to the court of appeals for decision, and the agency decision in the contested case is subject to judicial review by the court of appeals. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1993. REQUIREMENT TO ADOPT RULES OF PRACTICE AND INDEX RULES, ORDERS, AND DECISIONS. Acts 2015, 84th Leg., R.S., Ch. (b) The recording of an oral statement recorded before the proceeding is admissible into evidence if: (1) an attorney for a party to the proceeding was not present when the statement was made; (2) the recording is both visual and aural and is recorded on film or videotape or by other electronic means; (3) the recording equipment was capable of making an accurate recording; (5) the recording is accurate and has not been altered; (6) the statement was not made in response to questioning calculated to lead the child to make a particular statement; (7) each voice on the recording is identified; (8) the individual conducting the interview of the child in the recording is present at the proceeding and available to testify or to be cross-examined by either party; and. 2001.028. The administrative law judge in a contested case may award a person, in addition to all other costs allowed by law or rule, an amount not to exceed $1 million for reasonable attorney's fees and costs incurred in defending against a frivolous regulatory action during the case if there is no judicial review of the decision in the case and: (1) the person prevails in the case; and. 2001.035. The date specified in the sworn motion shall be considered the date the decision or order was signed for the movant. (c) The comptroller shall adopt rules to implement this section. Sec. Sec. (B) the probable economic cost to persons required to comply with the rule; (6) the local employment impact statement prepared under Section 2001.022, if required; (7) a request for comments on the proposed rule from any interested person; and. (b) A party must file with the state agency a reply, if any, to a motion for rehearing not later than the 40th day after the date the decision or order that is the subject of the motion is signed, or not later than the 10th day after the date a motion for rehearing is filed if the time for filing the motion for rehearing has been extended under Section 2001.142, by an agreement under Section 2001.147, or by a written state agency order under Subsection (e). 2.35, eff. Sec. September 1, 2009. 2001.053. In a contested case, evidence that is irrelevant, immaterial, or unduly repetitious shall be excluded. 2001.100. (b) An objection to deposition testimony is reserved for the action of the state agency before which the matter is pending. Sec. 2001.143. 1, eff. The party filing the reply shall send copies of the reply to all other parties using the notification methods specified by Section 2001.142(a). NOTICE OF PROPOSED LAW ENFORCEMENT RULES. 2001.091. 1167, Sec. Sec. Sec. The agency shall state in writing the specific reason and legal basis for a change made under this subsection. 2299), Sec. (c) The finding required by Subsection (b)(2) shall be made in a hearing conducted outside the presence of the jury, if the hearing is before a jury. 2001.029. (d) A court may render a declaratory judgment without regard to whether the plaintiff requested the state agency to rule on the validity or applicability of the rule in question. 2001.041. Acts 2015, 84th Leg., R.S., Ch. 1420, Sec. September 1, 2017. 770 (H.B. Acts 2005, 79th Leg., Ch. Sec. MOTIONS FOR REHEARING: PROCEDURES. 2001.006 by Acts 2001, 77th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (d) On the motion of a party to the proceeding, the individual conducting the hearing may order that the testimony of the child be taken outside the hearing room and be recorded for showing in the hearing room before the individual conducting the hearing, the finder of fact, and the parties to the proceeding. 2001.221. (b) The commission shall authorize the issuance of any subpoena necessary to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purpose of the proceeding. Acts 2015, 84th Leg., R.S., Ch. (e) The officer taking a deposition shall enter on the deposition: (1) a change in form or substance that the witness desires to make; and. SHORT TITLE. USE OF DEPOSITION. Sec. Section 2001.176(b)(1) does not apply to an appeal under Section 32.18, Alcoholic Beverage Code. On adoption of a rule, a state agency, if requested to do so by an interested person either before adoption or not later than the 30th day after the date of adoption, shall issue a concise statement of the principal reasons for and against its adoption. (2) to respond and to present evidence and argument on each issue involved in the case. STATE AGENCY ORDER ADOPTING RULE. AGENCY REVIEW OF EXISTING RULES. (c) A state agency shall provide the administrative law judge with a written statement of applicable rules or policies. Section 2001.038 and Subchapters C through H do not apply to: (1) except as provided by Section 531.019, the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under service programs that were operated by the former Texas Department of Human Services before September 1, 2003, and are operated on and after that date by the Health and Human Services Commission or a health and human services agency, as defined by Section 531.001; (2) action by the Banking Commissioner or the Finance Commission of Texas regarding the issuance of a state bank or state trust company charter for a bank or trust company to assume the assets and liabilities of a financial institution that the commissioner considers to be in hazardous condition as defined by Section 31.002(a) or 181.002(a), Finance Code, as applicable; (3) a hearing or interview conducted by the Board of Pardons and Paroles or the Texas Department of Criminal Justice relating to the grant, rescission, or revocation of parole or other form of administrative release; or. The timely filing of a sworn motion for rehearing under Subsection (d) extends the period for agency action on any motion for rehearing until the 100th day after the date the decision or order subject to the motion for rehearing is signed. (C) does not include a statement regarding only the internal management or organization of a state agency and not affecting private rights or procedures. 1267), Sec. The term includes an institution of higher education as defined by Section 61.003, Education Code, and includes those entities excluded from the general definition of "state agency" under Section 2001.003(7). 835, Sec. 1, eff. Acts 2015, 84th Leg., R.S., Ch. Sec. A party is entitled to use a deposition taken under this subchapter in the contested case pending before the state agency without regard to whether a cross-interrogatory has been propounded. 2001.226. (a) The provisions of this chapter concerning contested cases apply to the grant, denial, or renewal of a license that is required to be preceded by notice and opportunity for hearing. (b) A state agency shall design the generally accessible Internet site so that a member of the public may send questions about the agency's rules to the agency electronically and receive responses to the questions from the agency electronically. 2, eff. (D) if applicable, that enforcing or administering the rule does not have foreseeable implications relating to cost or revenues of the state or local governments; (5) a note about public benefits and costs showing the name and title of the officer or employee responsible for preparing or approving the note and stating for each year of the first five years that the rule will be in effect: (A) the public benefits expected as a result of adoption of the proposed rule; and. (3) the filing of the petition vacates a state agency decision for which trial de novo is the manner of review authorized by law but does not affect the enforcement of an agency decision for which another manner of review is authorized. CERTAIN EXPLANATORY INFORMATION MADE AVAILABLE THROUGH INTERNET. 1499, Sec. 1233, Sec. 1267), Sec. Added by Acts 1993, 73rd Leg., ch. (4) $10, or a greater amount prescribed by state agency rule, for each day or part of a day that the person is necessarily present. 2001.052. 1, eff. 3, eff. 2001.086. 4, eff. 2001.173. 2001.175. This subchapter is cumulative of other means of redress provided by statute. 1034, Sec. (4) Article 42A.406 or 42A.407, Code of Criminal Procedure. 791), Sec. JUDICIAL REVIEW. (a) A deposition may be returned to the state agency before which the contested case is pending by mail or by a party interested in taking the deposition or another person. September 1, 2015. 1969), Sec. (b) A statement that meets the requirements of Subsection (a)(2) is not inadmissible as hearsay if: (1) on or before the seventh day before the date on which the proceeding or hearing begins, the party intending to offer the statement: (A) notifies each other party of the party's intention to do so; (B) provides each other party with the name of the witness through whom it intends to offer the statement; and. 558, Sec. If the law authorizes review of a decision in a contested case under the substantial evidence rule or if the law does not define the scope of judicial review, a court may not substitute its judgment for the judgment of the state agency on the weight of the evidence on questions committed to agency discretion but: (1) may affirm the agency decision in whole or in part; and. 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(a) Before adopting a rule, a state agency shall give all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing. 4, eff. 2001.089. RULE, ORDER, OR DECISION NOT EFFECTIVE UNTIL INDEXED. Measurement and monitoring procedures are reported with a section value of _____. Except as provided by Subsection (c), a state agency may not adopt a proposed rule for which the fiscal note for the notice required by Section 2001.024 states that the rule imposes a cost on regulated persons, including another state agency, a special district, or a local government, unless on or before the effective date of the proposed rule the state agency: (1) repeals a rule that imposes a total cost on regulated persons that is equal to or greater than the total cost imposed on regulated persons by the proposed rule; or. (2) there is a final determination that the regulatory action is frivolous. INTERPRETERS FOR DEAF OR HEARING IMPAIRED PARTIES AND WITNESSES. Sept. 1, 1995. Acts 2015, 84th Leg., R.S., Ch. The period may not begin earlier than the 15th day or later than the 45th day after the date the decision or order was signed. 1, eff. STATEMENT OF REASONS FOR OR AGAINST ADOPTION. (3) "Licensing" includes a state agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (b) A person must initiate a proceeding to contest a rule on the ground of noncompliance with the procedural requirements of Sections 2001.0225 through 2001.034 not later than the second anniversary of the effective date of the rule. (8) the proposed rule positively or adversely affects this state's economy. 268, Sec. CUMULATIVE EFFECT. (d) A witness must sign a deposition at least three days before the date of the hearing or the deposition shall be returned as an unsigned deposition as provided by this subchapter. (2) the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license. Sec. 819 (H.B. Only those individuals permitted to be present at the taking of testimony under Subsection (c) may be present during the taking of the child's testimony. September 1, 2019. Sept. 1, 1995; Acts 1997, 75th Leg., ch. WRITTEN EVIDENCE. Acts 2019, 86th Leg., R.S., Ch. (c) A rule adopted as provided by Subsection (a)(3) shall be filed in the office of the secretary of state and published in the Texas Register. In addition to other requirements under law, a state agency shall: (1) adopt rules of practice stating the nature and requirements of all available formal and informal procedures; (2) index, cross-index to statute, and make available for public inspection all rules and other written statements of policy or interpretations that are prepared, adopted, or used by the agency in discharging its functions; and. Sept. 1, 1997. DISCOVERY FROM PARTIES: ORDERS FOR PRODUCTION OR INSPECTION. (b) A person whose request under Subsection (a) is refused may move for a state agency order under Section 2001.091. (a) A party may appeal a final district court judgment under this chapter in the manner provided for civil actions generally. INFORMAL DISPOSITION OF CONTESTED CASE. The impact statement must describe in detail the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect and may include other factors at the agency's discretion. Sept. 1, 1993. (c) Not later than the 60th day after the date of submission of a petition under this section, a state agency shall: (1) deny the petition in writing, stating its reasons for the denial; or. 2.62, eff. 1, eff. 2001.093. Notice of the adoption of a proposed rule by the Commission on Jail Standards or the Texas Commission on Law Enforcement that affects a law enforcement agency of the state or of a political subdivision of the state is not effective until the notice is: (1) published as required by Section 2001.023; and. 1267), Sec. (b) A state agency member may communicate ex parte with another member of the agency unless prohibited by other law. (2) Legislation is considered to have "become law" if it has been passed by the legislature and: (B) the governor has filed it with the secretary of state, having neither approved nor disapproved it; (C) the time for gubernatorial action has expired under Section 14, Article IV, Texas Constitution, the governor having neither approved nor disapproved it; or. (c) In a suit for judicial review of a final decision or order of a state agency in a contested case, the state agency's failure to comply with Subsection (a)(3) or (b) shall constitute prejudice to the substantial rights of the appellant under Section 2001.174(2) unless the court finds that the failure did not unfairly surprise and prejudice the appellant or that the appellant waived the appellant's rights. 2, eff. 2001.122. An agency may not adopt rules that provide for payment or reimbursement rates that exceed those maximum rates. (b) An administrative law judge who conducts a contested case hearing shall consider applicable agency rules or policies in conducting the hearing, but the state agency deciding the case may not supervise the administrative law judge. (b) A state agency may pay the cost of a transcript or may assess the cost to one or more parties. On filing the motion for rehearing, the movant shall send copies of the motion to all other parties using the notification methods specified by Section 2001.142(a). September 1, 2006. The court may assess additional costs against a party who unreasonably refuses to stipulate to limit the record, unless the party is subject to a rule adopted under Section 2001.177 requiring payment of all costs of record preparation. September 1, 2011. 769, Sec. September 1, 2019. PETITION FOR ADOPTION OF RULES. 1117, Sec. (a) A deposition witness in a contested case shall be carefully examined. 2020-2022 Quizplus LLC. (a) Each party to a contested case is entitled to the assistance of counsel before a state agency. (a) If a person fails to comply with a subpoena or commission issued under this chapter, the state agency issuing the subpoena or commission, acting through the attorney general, or the party requesting the subpoena or commission may bring suit to enforce the subpoena or commission in a district court in Travis County or in the county in which a hearing conducted by the agency may be held. 430 (S.B. Sec. SUBCHAPTER E. CONTESTED CASES: TESTIMONY OF CHILD. (a) The attorney general, on the request of a state agency to which it appears that a person is violating, about to violate, or failing or refusing to comply with a final order or decision or an agency rule, may bring an action in a district court authorized to exercise judicial review of the final order or decision or the rule to: (1) enjoin or restrain the continuation or commencement of the violation; or. (e) A court shall conduct the review sitting without a jury and is confined to the agency record, except that the court may receive evidence of procedural irregularities alleged to have occurred before the agency that are not reflected in the record. If a state agency requires signatures for a petition under this section, at least 51 percent of the total number of signatures required must be of residents of this state. 2001.034. (4) "Party" means a person or state agency named or admitted as a party. Amended by Acts 1999, 76th Leg., ch. 2001.032. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) This section does not apply to the adoption of an emergency rule. OFFICIAL NOTICE; STATE AGENCY EVALUATION OF EVIDENCE. (B) the latest filed motion for rehearing is overruled by operation of law; (3) if a state agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision or order, on the date the decision or order is signed, provided that the agency incorporates in the decision or order a factual and legal basis establishing an imminent peril to the public health, safety, or welfare; or, (A) the date specified in the decision or order for a case in which all parties agree to the specified date in writing or on the record; or. Sec. 914, Sec. (3) the child who is the alleged victim testifies or is available to testify at the hearing in court, at the proceeding, or in any other manner provided by law. Sept. 1, 1993. A proposed rule is withdrawn six months after the date of publication of notice of the proposed rule in the Texas Register if a state agency has failed by that time to adopt, adopt as amended, or withdraw the proposed rule. September 1, 2015. Sept. 1, 1997. (C) the reasons why the agency disagrees with party submissions and proposals; (2) a concise restatement of the particular statutory provisions under which the rule is adopted and of how the agency interprets the provisions as authorizing or requiring the rule; and. Sec. PRIVILEGE. (c) Findings of fact may be based only on the evidence and on matters that are officially noticed. If the court is satisfied that the additional evidence is material and that there were good reasons for the failure to present it in the proceeding before the state agency, the court may order that the additional evidence be taken before the agency on conditions determined by the court. 2001.142. 1, eff. Sec. 2001.054. 625 (S.B. (c) A state agency shall act on a motion for rehearing not later than the 55th day after the date the decision or order that is the subject of the motion is signed or the motion for rehearing is overruled by operation of law.

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