By: Armbrister S.B. No. 332
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the decisions of certain administrative law judges in
1-2 occupational licensing contested cases and to judicial review of
1-3 those decisions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2001.058, Government Code, is amended by
1-6 adding Subsection (f) to read as follows:
1-7 (f) In a contested case that concerns licensing in relation
1-8 to an occupational license and that is not disposed of by
1-9 stipulation, agreed settlement, or consent order:
1-10 (1) the administrative law judge renders the final
1-11 decision in the contested case;
1-12 (2) the administrative law judge shall render the
1-13 decision that may become final under Section 2001.144 not later
1-14 than the 60th day after the latter of the date on which the hearing
1-15 is finally closed or the date by which the judge has ordered all
1-16 briefs, reply briefs, and other posthearing documents to be filed,
1-17 and the 60-day period may be extended only with the consent of all
1-18 parties, including the occupational licensing agency;
1-19 (3) the administrative law judge shall include in the
1-20 findings of fact and conclusions of law a determination whether the
1-21 license at issue is primarily a license to engage in an occupation;
1-22 (4) the State Office of Administrative Hearings is the
1-23 state agency with which a motion for rehearing or a reply to a
2-1 motion for rehearing is filed under Section 2001.146 and is the
2-2 state agency that acts on the motion or extends a time period under
2-3 Section 2001.146;
2-4 (5) the State Office of Administrative Hearings is the
2-5 state agency responsible for sending a copy of the decision that
2-6 may become final under Section 2001.144 or an order ruling on a
2-7 motion for rehearing to the parties, including the occupational
2-8 licensing agency, in accordance with Section 2001.142; and
2-9 (6) the occupational licensing agency is entitled to
2-10 obtain judicial review of the final decision in accordance with
2-11 this chapter, and this subsection does not affect whether another
2-12 party to the contested case is entitled to obtain judicial review
2-13 of the final decision.
2-14 SECTION 2. Section 2003.042, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 2003.042. POWERS OF ADMINISTRATIVE LAW JUDGE. An
2-17 administrative law judge may:
2-18 (1) administer an oath;
2-19 (2) take testimony;
2-20 (3) rule on a question of evidence;
2-21 (4) subject to review by the state agency before which
2-22 the contested case is brought, issue an order relating to discovery
2-23 or another hearing or prehearing matter, including an order
2-24 imposing a sanction that the agency may impose; [and]
2-25 (5) issue a proposal for decision that includes
3-1 findings of fact and conclusions of law; and
3-2 (6) if expressly authorized by other law, make the
3-3 final decision in a contested case.
3-4 SECTION 3. This Act takes effect September 1, 1997, and
3-5 applies only to a contested case filed at an occupational licensing
3-6 agency on or after that date. A contested case filed at an
3-7 occupational licensing agency before that date is governed by the
3-8 law in effect at the time the case is filed at the occupational
3-9 licensing agency, and the former law is continued in effect for
3-10 that purpose.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.