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A BILL TO BE ENTITLED
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AN ACT
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relating to decisions of an administrative law judge of the State |
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Office of Administrative Hearings in contested cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2001.058(e), (e-1), and (f), Government |
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Code, are amended to read as follows: |
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(e) [A state agency may change a finding of fact or |
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conclusion of law made by the administrative law judge, or may |
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vacate or modify an order issued by the administrative judge, only |
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if the agency determines: |
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[(1) that the administrative law judge did not |
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properly apply or interpret applicable law, agency rules, written |
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policies provided under Subsection (c), or prior administrative |
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decisions; |
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[(2) that a prior administrative decision on which the |
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administrative law judge relied is incorrect or should be changed; |
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or |
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[(3) that a technical error in a finding of fact should |
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be changed. |
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[The agency shall state in writing the specific reason and |
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legal basis for a change made under this subsection. |
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[(e-1)] Notwithstanding any other law, the administrative |
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law judge who conducts a contested case hearing shall render the |
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final decision in the contested case. The final decision rendered |
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by the administrative law judge is considered a final decision of |
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the state agency on behalf of which the hearing is being conducted. |
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A [Subsection (e), a] state agency may not change a finding of fact |
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or conclusion of law made by the administrative law judge and may |
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not vacate or modify an order of an administrative law judge [that |
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awards attorney's fees and costs under Section 2001.903]. |
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(f) The [A state agency by rule may provide that, in a |
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contested case before the agency that concerns licensing in |
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relation to an occupational license and that is not disposed of by |
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stipulation, agreed settlement, or consent order, the |
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administrative law judge shall render the final decision in the |
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contested case. If a state agency adopts such a rule, the] |
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following provisions apply to contested cases finally decided by |
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the administrative law judge [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's decision [judge] |
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shall include [in the] findings of fact and conclusions of law [a |
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determination whether the license at issue is primarily a license |
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to engage in an occupation]; |
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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 state [occupational licensing] agency and any |
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other party to the contested case is entitled to obtain judicial |
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review of the final decision in accordance with this chapter. |
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SECTION 2. Section 2003.042(a), Government Code, is amended |
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to read as follows: |
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(a) An administrative law judge employed by the office or a |
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temporary administrative law judge may: |
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(1) administer an oath; |
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(2) take testimony; |
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(3) rule on a question of evidence; |
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(4) issue an order relating to discovery or another |
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hearing or prehearing matter, including an order imposing a |
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sanction; |
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(5) issue an order that refers a case to an alternative |
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dispute resolution procedure, determines how the costs of the |
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procedure will be apportioned, and appoints an impartial third |
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party as described by Section 2009.053 to facilitate that |
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procedure; |
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(6) issue a proposal for decision that includes |
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findings of fact and conclusions of law; |
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(7) [if expressly authorized by a state agency rule |
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adopted under Section 2001.058(f),] make the final decision in a |
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contested case; |
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(8) serve as an impartial third party as described by |
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Section 2009.053 for a dispute referred by an administrative law |
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judge, unless one of the parties objects to the appointment; and |
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(9) serve as an impartial third party as described by |
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Section 2009.053 for a dispute referred by a government agency |
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under a contract. |
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SECTION 3. The following provisions of the Government Code |
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are repealed: |
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(1) Section 2001.058(d-1); and |
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(2) Section 2003.051. |
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SECTION 4. The changes in law made by this Act apply only to |
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a contested case hearing that is commenced on or after the effective |
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date of this Act. A contested case hearing commenced before that |
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date is governed by the law in effect on the date the hearing |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |