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 amending Subsection (e) and adding Subsection (f) to read as
1-7 follows:
1-8 (e) A state agency may change a finding of fact or
1-9 conclusion of law made by the administrative law judge, or may
1-10 vacate or modify an order issued by the administrative judge, only
1-11 if the agency determines:
1-12 (1) that the administrative law judge did not properly
1-13 apply or interpret applicable law, agency rules, written policies
1-14 provided under Subsection (c), or prior administrative decisions;
1-15 (2) that a prior administrative decision on which the
1-16 administrative law judge relied is incorrect or should be changed;
1-17 or
1-18 (3) that a technical error in a finding of fact should
1-19 be changed [for reasons of policy].
1-20 The agency shall state in writing the specific reason and
1-21 legal basis for a change made under this subsection.
1-22 (f) A state agency by rule may provide that, in a contested
1-23 case before the agency that concerns licensing in relation to an
2-1 occupational license and that is not disposed of by stipulation,
2-2 agreed settlement, or consent order, the administrative law judge
2-3 shall render the final decision in the contested case. If a state
2-4 agency adopts such a rule, the following provisions apply to
2-5 contested cases covered by the rule:
2-6 (1) the administrative law judge shall render the
2-7 decision that may become final under Section 2001.144 not later
2-8 than the 60th day after the latter of the date on which the hearing
2-9 is finally closed or the date by which the judge has ordered all
2-10 briefs, reply briefs, and other posthearing documents to be filed,
2-11 and the 60-day period may be extended only with the consent of all
2-12 parties, including the occupational licensing agency;
2-13 (2) the administrative law judge shall include in the
2-14 findings of fact and conclusions of law a determination whether the
2-15 license at issue is primarily a license to engage in an occupation;
2-16 (3) the State Office of Administrative Hearings is the
2-17 state agency with which a motion for rehearing or a reply to a
2-18 motion for rehearing is filed under Section 2001.146 and is the
2-19 state agency that acts on the motion or extends a time period under
2-20 Section 2001.146;
2-21 (4) the State Office of Administrative Hearings is the
2-22 state agency responsible for sending a copy of the decision that
2-23 may become final under Section 2001.144 or an order ruling on a
2-24 motion for rehearing to the parties, including the occupational
2-25 licensing agency, in accordance with Section 2001.142; and
3-1 (5) the occupational licensing agency and any other
3-2 party to the contested case is entitled to obtain judicial review
3-3 of the final decision in accordance with this chapter.
3-4 SECTION 2. Section 2003.042, Government Code, is amended to
3-5 read as follows:
3-6 Sec. 2003.042. POWERS OF ADMINISTRATIVE LAW JUDGE. An
3-7 administrative law judge may:
3-8 (1) administer an oath;
3-9 (2) take testimony;
3-10 (3) rule on a question of evidence;
3-11 (4) subject to review by the state agency before which
3-12 the contested case is brought, issue an order relating to discovery
3-13 or another hearing or prehearing matter, including an order
3-14 imposing a sanction that the agency may impose; [and]
3-15 (5) issue a proposal for decision that includes
3-16 findings of fact and conclusions of law; and
3-17 (6) if expressly authorized by a state agency rule
3-18 adopted under Section 2001.058(f), make the final decision in a
3-19 contested case.
3-20 SECTION 3. This Act takes effect September 1, 1997, and
3-21 applies only to a contested case filed at an occupational licensing
3-22 agency on or after that date. A contested case filed at an
3-23 occupational licensing agency before that date is governed by the
3-24 law in effect at the time the case is filed at the occupational
3-25 licensing agency, and the former law is continued in effect for
4-1 that purpose.
4-2 SECTION 4. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 332 passed the Senate on
March 25, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 29, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 332 passed the House, with
amendments, on May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor