1-1 By: Armbrister S.B. No. 332
1-2 (In the Senate - Filed January 28, 1997; February 3, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 17, 1997, reported favorably by the following vote: Yeas
1-5 13, Nays 0; February 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the decisions of certain administrative law judges in
1-9 occupational licensing contested cases and to judicial review of
1-10 those decisions.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 2001.058, Government Code, is amended by
1-13 adding Subsection (f) to read as follows:
1-14 (f) In a contested case that concerns licensing in relation
1-15 to an occupational license and that is not disposed of by
1-16 stipulation, agreed settlement, or consent order:
1-17 (1) the administrative law judge renders the final
1-18 decision in the contested case;
1-19 (2) the administrative law judge shall render the
1-20 decision that may become final under Section 2001.144 not later
1-21 than the 60th day after the latter of the date on which the hearing
1-22 is finally closed or the date by which the judge has ordered all
1-23 briefs, reply briefs, and other posthearing documents to be filed,
1-24 and the 60-day period may be extended only with the consent of all
1-25 parties, including the occupational licensing agency;
1-26 (3) the administrative law judge shall include in the
1-27 findings of fact and conclusions of law a determination whether the
1-28 license at issue is primarily a license to engage in an occupation;
1-29 (4) the State Office of Administrative Hearings is the
1-30 state agency with which a motion for rehearing or a reply to a
1-31 motion for rehearing is filed under Section 2001.146 and is the
1-32 state agency that acts on the motion or extends a time period under
1-33 Section 2001.146;
1-34 (5) the State Office of Administrative Hearings is the
1-35 state agency responsible for sending a copy of the decision that
1-36 may become final under Section 2001.144 or an order ruling on a
1-37 motion for rehearing to the parties, including the occupational
1-38 licensing agency, in accordance with Section 2001.142; and
1-39 (6) the occupational licensing agency is entitled to
1-40 obtain judicial review of the final decision in accordance with
1-41 this chapter, and this subsection does not affect whether another
1-42 party to the contested case is entitled to obtain judicial review
1-43 of the final decision.
1-44 SECTION 2. Section 2003.042, Government Code, is amended to
1-45 read as follows:
1-46 Sec. 2003.042. POWERS OF ADMINISTRATIVE LAW JUDGE. An
1-47 administrative law judge may:
1-48 (1) administer an oath;
1-49 (2) take testimony;
1-50 (3) rule on a question of evidence;
1-51 (4) subject to review by the state agency before which
1-52 the contested case is brought, issue an order relating to discovery
1-53 or another hearing or prehearing matter, including an order
1-54 imposing a sanction that the agency may impose; [and]
1-55 (5) issue a proposal for decision that includes
1-56 findings of fact and conclusions of law; and
1-57 (6) if expressly authorized by other law, make the
1-58 final decision in a contested case.
1-59 SECTION 3. This Act takes effect September 1, 1997, and
1-60 applies only to a contested case filed at an occupational licensing
1-61 agency on or after that date. A contested case filed at an
1-62 occupational licensing agency before that date is governed by the
1-63 law in effect at the time the case is filed at the occupational
1-64 licensing agency, and the former law is continued in effect for
2-1 that purpose.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *