| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the hearing and final decision of certain occupational |
|
|
licensing contested cases by a State Office of Administrative |
|
|
Hearings administrative law judge. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2001.054, Government Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) The denial, suspension, revocation, annulment, or |
|
|
refusal to renew an occupational license or the imposition of an |
|
|
administrative penalty or other sanction against an occupational |
|
|
license holder by a state agency listed in Section 101.002, |
|
|
Occupations Code, is required to be preceded by notice and |
|
|
opportunity for hearing, and the contested case hearing must be |
|
|
conducted in accordance with Section 2001.058(g) by an |
|
|
administrative law judge employed by the State Office of |
|
|
Administrative Hearings. |
|
|
SECTION 2. Section 2001.058, Government Code, is amended by |
|
|
adding Subsection (g) to read as follows: |
|
|
(g) This subsection applies only to a contested case |
|
|
described by Section 2001.054(a-1) that concerns licensing in |
|
|
relation to an occupational license issued by a state agency listed |
|
|
in Section 101.002, Occupations Code, and that is not disposed of by |
|
|
stipulation, agreed settlement, or consent order. Notwithstanding |
|
|
Subsection (e) or any other law, the administrative law judge shall |
|
|
render the final decision in the contested case, and the following |
|
|
provisions apply: |
|
|
(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 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 |
|
|
issued by a state agency listed in Section 101.002, Occupations |
|
|
Code, and a determination whether the case concerns an issue |
|
|
described by Section 2001.054(a-1); |
|
|
(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 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 3. Section 2003.021, Government Code, is amended by |
|
|
adding Subsection (h) to read as follows: |
|
|
(h) The office shall conduct all hearings and render the |
|
|
final decision in contested cases under Chapter 2001 involving the |
|
|
denial, suspension, revocation, annulment, or refusal to renew an |
|
|
occupational license or the imposition of an administrative penalty |
|
|
or other sanction against an occupational license holder, as |
|
|
provided by Sections 2001.054(a-1) and 2001.058(g). |
|
|
SECTION 4. The changes in law made by this Act do not apply |
|
|
in relation to a matter described by Sections 2001.054(a-1) and |
|
|
2001.058(g), Government Code, as added by this Act, if before the |
|
|
effective date of this Act an administrative law judge issued a |
|
|
written proposal for decision in a contested case on the matter. A |
|
|
matter described by this section is governed by the law in effect on |
|
|
the date the proposal for decision was issued, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2009. |