| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to decisions of an administrative law judge of the State |
|
|
Office of Administrative Hearings in contested cases. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 2001.058(e), (e-1), and (f), Government |
|
|
Code, are amended to read as follows: |
|
|
(e) [A state agency may change a finding of fact or |
|
|
conclusion of law made by the administrative law judge, or may |
|
|
vacate or modify an order issued by the administrative judge, only |
|
|
if the agency determines: |
|
|
[(1) that the administrative law judge did not |
|
|
properly apply or interpret applicable law, agency rules, written |
|
|
policies provided under Subsection (c), or prior administrative |
|
|
decisions; |
|
|
[(2) that a prior administrative decision on which the |
|
|
administrative law judge relied is incorrect or should be changed; |
|
|
or |
|
|
[(3) that a technical error in a finding of fact should |
|
|
be changed. |
|
|
[The agency shall state in writing the specific reason and |
|
|
legal basis for a change made under this subsection. |
|
|
[(e-1)] Notwithstanding any other law, the administrative |
|
|
law judge who conducts a contested case hearing shall render the |
|
|
final decision in the contested case. The final decision rendered |
|
|
by the administrative law judge is considered a final decision of |
|
|
the state agency on behalf of which the hearing is being conducted. |
|
|
A [Subsection (e), a] state agency may not change a finding of fact |
|
|
or conclusion of law made by the administrative law judge and may |
|
|
not vacate or modify an order of an administrative law judge [that |
|
|
awards attorney's fees and costs under Section 2001.903]. |
|
|
(f) The [A state agency by rule may provide that, in a |
|
|
contested case before the agency that concerns licensing in |
|
|
relation to an occupational license and that is not disposed of by |
|
|
stipulation, agreed settlement, or consent order, the |
|
|
administrative law judge shall render the final decision in the |
|
|
contested case. If a state agency adopts such a rule, the] |
|
|
following provisions apply to contested cases finally decided by |
|
|
the administrative law judge [covered by the rule]: |
|
|
(1) the administrative law judge shall render the |
|
|
decision that may become final under Section 2001.144 not later |
|
|
than the 60th day after the latter of the date on which the hearing |
|
|
is finally closed or the date by which the judge has ordered all |
|
|
briefs, reply briefs, and other posthearing documents to be filed, |
|
|
and the 60-day period may be extended only with the consent of all |
|
|
parties[, including the occupational licensing agency]; |
|
|
(2) the administrative law judge's decision [judge] |
|
|
shall include [in the] findings of fact and conclusions of law [a |
|
|
determination whether the license at issue is primarily a license |
|
|
to engage in an occupation]; |
|
|
(3) the State Office of Administrative Hearings is the |
|
|
state agency with which a motion for rehearing or a reply to a |
|
|
motion for rehearing is filed under Section 2001.146 and is the |
|
|
state agency that acts on the motion or extends a time period under |
|
|
Section 2001.146; |
|
|
(4) the State Office of Administrative Hearings is the |
|
|
state agency responsible for sending a copy of the decision that may |
|
|
become final under Section 2001.144 or an order ruling on a motion |
|
|
for rehearing to the parties[, including the occupational licensing |
|
|
agency,] in accordance with Section 2001.142; and |
|
|
(5) the state [occupational licensing] agency and any |
|
|
other party to the contested case is entitled to obtain judicial |
|
|
review of the final decision in accordance with this chapter. |
|
|
SECTION 2. Section 2003.042(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An administrative law judge employed by the office or a |
|
|
temporary administrative law judge may: |
|
|
(1) administer an oath; |
|
|
(2) take testimony; |
|
|
(3) rule on a question of evidence; |
|
|
(4) issue an order relating to discovery or another |
|
|
hearing or prehearing matter, including an order imposing a |
|
|
sanction; |
|
|
(5) issue an order that refers a case to an alternative |
|
|
dispute resolution procedure, determines how the costs of the |
|
|
procedure will be apportioned, and appoints an impartial third |
|
|
party as described by Section 2009.053 to facilitate that |
|
|
procedure; |
|
|
(6) issue a proposal for decision that includes |
|
|
findings of fact and conclusions of law; |
|
|
(7) [if expressly authorized by a state agency rule |
|
|
adopted under Section 2001.058(f),] make the final decision in a |
|
|
contested case; |
|
|
(8) serve as an impartial third party as described by |
|
|
Section 2009.053 for a dispute referred by an administrative law |
|
|
judge, unless one of the parties objects to the appointment; and |
|
|
(9) serve as an impartial third party as described by |
|
|
Section 2009.053 for a dispute referred by a government agency |
|
|
under a contract. |
|
|
SECTION 3. The following provisions of the Government Code |
|
|
are repealed: |
|
|
(1) Section 2001.058(d-1); and |
|
|
(2) Section 2003.051. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a contested case hearing that is commenced on or after the effective |
|
|
date of this Act. A contested case hearing commenced before that |
|
|
date is governed by the law in effect on the date the hearing |
|
|
commenced, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |