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A BILL TO BE ENTITLED
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AN ACT
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relating to the hearing and final decision of certain occupational |
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licensing contested cases by a State Office of Administrative |
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Hearings administrative law judge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.054(a), Government Code, is amended |
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to read as follows: |
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(a) The provisions of this chapter concerning contested |
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cases apply to the grant, denial, or renewal of a license that is |
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required to be preceded by notice and opportunity for hearing. The |
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denial, suspension, revocation, annulment, or refusal to renew an |
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occupational license or the imposition of an administrative penalty |
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or other sanction against an occupational license holder is |
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required to be preceded by notice and opportunity for hearing, and |
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the contested case hearing must be conducted in accordance with |
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Section 2001.058(f) by an administrative law judge employed by the |
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State Office of Administrative Hearings. |
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SECTION 2. Section 2001.058(f), Government Code, is amended |
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to read as follows: |
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(f) This subsection applies only to a contested case |
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described by Section 2001.054(a) [A state agency by rule may
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provide that, in a contested case before the agency] that concerns |
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licensing in relation to an occupational license and that is not |
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disposed of by stipulation, agreed settlement, or consent order. |
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Notwithstanding Subsection (e) or any other law, the administrative |
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law judge shall render the final decision in the contested case, and |
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[. If a state agency adopts such a rule,] the following provisions |
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apply [to contested cases covered by the rule]: |
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(1) the administrative law judge shall render the |
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decision that may become final under Section 2001.144 not later |
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than the 60th day after the latter of the date on which the hearing |
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is finally closed or the date by which the judge has ordered all |
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briefs, reply briefs, and other posthearing documents to be filed, |
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and the 60-day period may be extended only with the consent of all |
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parties, including the occupational licensing agency; |
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(2) the administrative law judge shall include in the |
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findings of fact and conclusions of law a determination whether the |
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license at issue is primarily a license to engage in an occupation |
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and a determination whether the case concerns an issue described by |
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Section 2001.054(a); |
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(3) the State Office of Administrative Hearings is the |
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state agency with which a motion for rehearing or a reply to a |
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motion for rehearing is filed under Section 2001.146 and is the |
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state agency that acts on the motion or extends a time period under |
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Section 2001.146; |
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(4) the State Office of Administrative Hearings is the |
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state agency responsible for sending a copy of the decision that may |
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become final under Section 2001.144 or an order ruling on a motion |
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for rehearing to the parties, including the occupational licensing |
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agency, in accordance with Section 2001.142; and |
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(5) the occupational licensing agency and any other |
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party to the contested case is entitled to obtain judicial review of |
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the final decision in accordance with this chapter. |
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SECTION 3. Section 2003.021, Government Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) The office shall conduct all hearings and render the |
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final decision in contested cases under Chapter 2001 involving the |
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denial, suspension, revocation, annulment, or refusal to renew an |
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occupational license or the imposition of an administrative penalty |
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or other sanction against an occupational license holder, as |
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provided by Section 2001.054(a). |
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SECTION 4. The changes in law made by this Act do not apply |
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in relation to a matter described by Section 2001.054(a), |
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Government Code, as amended by this Act, if before the effective |
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date of this Act the state agency gave notice of its intended action |
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to the individual affected and the affected individual was entitled |
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to an opportunity for a hearing conducted under Chapter 2001, |
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Government Code, before the action could be taken. A matter |
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described by this section is governed by the law in effect on the |
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date the notice was given, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |