(a) After filing of a request for a contested case hearing
pursuant to these rules, or after filing of a third-party answer under §121.12
of this title (relating to Contest of Application: Form and Content), the
director shall cause the contested case to be docketed in the State Office
of Administrative Hearings (SOAH), by filing with the SOAH either a "Request
for Setting of Hearing" or a "Request for Assignment of Administrative Law
Judge" as the Director deems appropriate, along with a certified copy of the
pleadings, orders, and other relevant documents in the system's files at that
time concerning the issues in dispute.
(b) After the case has been docketed at the SOAH and an administrative
law judge has been assigned, the director shall notify all parties to the
proceeding of the actions taken. Thereafter, any amended pleading or any motion
filed in connection with the contested case, including, but not limited to,
motions for continuance, discovery, settings and other relief, shall be filed
with the SOAH at its office in Austin, Texas, until such time as the proposal
for a decision has been presented to the board of trustees as hereinafter
(c) At least ten days prior to hearing, the director shall
give notice to all parties as required by §2001.051 of the Administrative
Procedures Act (Chapter 2001, Government Code).
(d) A hearing will be conducted by an administrative law judge
assigned by the SOAH, and shall be conducted in accordance with the Administrative
Procedure Act (Chapter 2001, Government Code), these rules, and the rules
adopted by the SOAH. Hearings will ordinarily be conducted in Austin, unless
on motion of a party for good cause shown, the hearing, or a portion thereof,
is conducted elsewhere in the State of Texas; hearings will be conducted at
the site designated by the SOAH.
(e) All parties to the hearing, including the system, may be
represented by counsel. All parties, including the system, may introduce testimony
of witnesses, records, documents, and other evidence relevant to the claim
or matter, which is the subject of the hearing. The administrative law judge
shall have authority to administer oaths, examine witnesses, rule on the admissibility
of evidence, recess the hearing from day to day or to a specified date, and
otherwise regulate and conduct the hearing to the end that the issues may
be presented with order and decorum.
(f) The provisions of the Administrative Procedures Act (Chapter
2001, Government Code) shall govern the admissibility of evidence, but the
system will take notice of any facts established by its records unless a party
to the proceedings files a written protest of its validity.
Source Note: The provisions of this §121.16 adopted to be effective January 22, 2001, 26 TexReg 980