16 Tex. Admin. Code § 60.300

Current through Register Vol. 49, No. 48, November 29, 2024

Section 60.300 - Purpose and Scope

(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.

16 Tex. Admin. Code § 60.300

The provisions of this §60.300 adopted to be effective July 1, 2009, 34 TexReg 4326; Amended by Texas Register, Volume 41, Number 05, January 29, 2016, TexReg 794, eff. 2/15/2016; Amended by Texas Register, Volume 48, Number 21, May 26, 2023, TexReg 2700, eff. 6/1/2023