Texas Administrative Code

Unless otherwise expressed by the provisions of this subchapter, all time periods shall be calculated from the date on which a development plan or hearing request is filed with the political subdivision. Notes 31 Tex. Admin. Code § 2.50 The provisions of this §2.50 adopted to be …

(a) If for any reason an administrative law judge is unable to continue presiding over a pending hearing, or issue a proposal for decision after the conclusion of the hearing, the Commissioner or SOAH may appoint another administrative law judge as a substitute, in accordance wit…

These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in § 2.52 of this subchapter (relating to Definitions), for projects to be developed under § 2267 of the Texas Government Code. Notes 31 Tex. Admin. Code § 2.51 A…

(a) Unless otherwise stipulated at the time of approval, if an approved new degree program does not enroll students within two years of approval, that approval is no longer valid. (b) An institution may submit a request to the Assistant Commissioner for approval to lengthen that …

(a) A development plan adopted by board order, or otherwise accepted by a political subdivision, shall be: (1) final and binding on the state, its lessees, successors in interest and assigns, and affected political subdivisions, unless subsequently revised by the board, except as…

The following words, terms and phrases, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The special board of review consisting of the Commissioner of the General Land Office sitting as presiding officer; t…

(a) A development plan adopted by Board order shall be: (1) final and binding on the State, its lessees, successors in interest and assigns, and affected local governments or political subdivisions, unless subsequently revised by the Board or as specifically provided in Texas Gov…

(a) A person may request a board hearing to: (1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief; and/or (2) request the board to consider or revise a development plan or order. (b) A person shall submit a hearing request in writi…

(a) The provisions of any rule referring to the board shall be construed to apply to the members of the board (including the chairperson) if the matter is within the jurisdiction of the board. Unless otherwise provided by law, a board member or the chairperson may delegate any du…

The division shall submit an initial development plan or a proposed substantial amendment to the political subdivision. The political subdivision shall review and comment on the initial development plan or proposed substantial amendment in accordance with Texas Natural Resources …

These rules shall govern the procedures for conducting public hearings before the Special Board of Review, as defined in § 2.41 of this subchapter (relating to Definitions.) Notes 31 Tex. Admin. Code § 2.40 The provisions of this §2.40 adopted to be effective January 9, 2003, 28 …

(a) The administrative law judge shall have the authority and duty to: (1) establish the jurisdiction of the agency; (2) conduct a full, fair, and impartial hearing; (3) take action to avoid unnecessary delay in the disposition of the proceeding; and (4) maintain order in the con…

The following words, terms and phrases, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The special board of review, chaired by the Commissioner of the General Land Office, consisting of the members of the…

(a) The board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551. (b) The board shall provide written notice to a political subdivision at least 14 days prior to a board hearing. Notes 31 Tex. Admin. Code § 2.45 The p…

(a) Persons attending or participating in the hearings shall conduct themselves in a respectful manner that allows for orderly and polite discourse. The chairman may take appropriate actions to ensure an orderly meeting may be conducted. (b) Any person may be represented by an at…

(a) Notice shall be given in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 and the hearing will be conducted although some or all persons who wish to participate, their attorney or person authorized to speak on their behalf may fail to attend. (b…

The following shall apply to any hearing before the School Land Board, board for lease or Special Board of Review: (1) hearings shall comply with the Texas Opens Meeting Act, Texas Government Code, Chapter 551. (2) Hearings shall be recorded in a manner at the discretion of the c…

(a) The chairman shall briefly state the nature of the hearing or meeting. The chairman will allow for the submission of documents, studies or other materials relevant to the hearing. The chairman will determine the order of the proceedings. The board may limit the number of part…

(a) The board shall conduct one or more public hearings for any purpose set forth in § 2.43 (a) of this subchapter (relating to Requests for Board Hearings). If the property is located in more than one city or town, the hearing(s) on any single tract of land may be combined. At l…

(a) The administrative law judge acquires jurisdiction over a contested case when the legal services division of the agency, or any person authorized by statute, files a request to docket a case in the form prescribed by the administrative hearings clerk, and in accordance with §…

This subchapter applies to the following proceedings: (1) hearings before the General Land Office as provided under Texas Natural Resources Code § 31.1611 relating to hearings for public comment on development plans under Texas Natural Resource Code §31.161; (2) hearings before b…

If the commissioner finds that an imminent peril to public health, safety, or welfare requires immediate effect of an order, such finding shall be stated in the order. The commissioner shall also state that such order is final and effective from and after the date signed. Such an…

Where permitted by law, the commissioner may, at any time after notice to all interested parties, cite any person or agency under the commissioner's jurisdiction to appear at a public hearing and require such person or agency to show cause why it should not comply with any applic…

The following words and terms, when used in this subchapter shall have the following meanings, unless context clearly indicates otherwise. (1) Board: The School Land Board, any other board for lease of state land or the Special Board of Review. (2) Chairman: The chairman of the S…

A simple majority of the board members constitutes a quorum with power to act in all cases. Notes 31 Tex. Admin. Code § 2.47 The provisions of this §2.47 adopted to be effective January 9, 2003, 28 TexReg 479

(a) All final orders shall be in writing and shall be signed and dated by the commissioner. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explici…

(a) Any party of record may, within 10 days after service of the administrative law judge's proposal for decision, file with the commissioner exceptions to the proposal for decision. Replies to such exceptions shall be filed within seven days after the date of the filing of excep…

Except as provided in § 2.27 of this subchapter (relating to Emergency Order), a timely motion for rehearing is a prerequisite to an appeal. A motion for rehearing must be filed by a party not later than the 20th day after the date the party or the attorney of record is notified …

If the commissioner has not personally heard the evidence in the case or read the entire record, a decision adverse to a party other than the agency shall not be issued until after a proposal for decision has been prepared by the administrative law judge, served on all parties, a…

(a) Not later than the 30th day after the date on which the commissioner's order is final, an aggrieved party may file a petition for judicial review. (b) Judicial review of the order or decision of the commissioner shall be under the APA. (c) The party who appeals a final order …

(a) All required fees must be paid in order to obtain a valid license, including a renewal license, from the department. (b) Any license issued by the department is void and of no effect if based upon a check that is later returned for insufficient funds, closed account, or other…

Where practicable, the department may combine all inspections required for each of the component licenses into a single inspection. Notes 4 Tex. Admin. Code § 2.13 The provisions of this §2.13 adopted to be effective April 23, 1998, 23 TexReg 3821.

If the holder of a consolidated license violates a rule or statute authorizing any of the component licenses encompassed by the licensee's consolidated license, the department may seek license sanctions on the consolidated license as prescribed by the Texas Agriculture Code, § 12…

(a) All licensees are required to notify the department in writing within 10 days of any change of address. (b) It is the licensee's responsibility to maintain a valid, current address with the department. Notes 4 Tex. Admin. Code § 2.4 The provisions of this §2.4 adopted to be e…

Administrative action shall become final upon the occurrence of any of the following: (1) issuance by the commissioner of an order and failure to file a motion for rehearing in accordance with § 2.23 of this subchapter (relating to Rehearing); or (2) issuance by the commissioner …

(a) General. Evidence shall be admitted in accordance with the APA and the Texas Rules of Civil Evidence. (b) Exclusion of witnesses: (1) Upon request by any party, the administrative law judge may exclude witnesses other than parties from the hearing room, except when testifying…

(a) An application is not an agency request for information for any purpose under the Texas Government Code, the Texas Agriculture Code, or this chapter. (b) If information requested on an agency application form or other materials is not expressly identified as optional or in th…

A public university or a public health-related institution may offer an academic associate degree as an embedded credential in the same, a related, or supporting field as the bachelor's degree in which a student is currently or has been enrolled. The institution may request appro…

(a) Contents of record. The record in a contested case includes: (1) all pleadings, motions, briefs, and interim orders; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections, and rulings on objections; (…

(a) The department may issue a consolidated license to a person who holds multiple licenses, certifications, and/or registrations issued by the department on the submission of completed application forms for the component licenses and submission of the appropriate fee. The depart…

(a) A certificate is deemed approved when the institution successfully files the notification containing all information required by this subchapter, in accordance with the Notification Only process in subchapter A, § 2.4 (a)(1) of this chapter (relating to Types of Approval Requ…

(a) The administrative law judge may, with consent of the parties, conduct all or part of the hearing by telephone, video, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and, except when a telephone is used, see the entir…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Administrative Law Judge--An individual designated by the State Office of Administrative Hearings or by the Commissioner to act as a he…

The effective date of an order, unless otherwise stated, is the date of its signing by the commissioner. Notes 31 Tex. Admin. Code § 2.26 The provisions of this §2.26 adopted to be effective January 9, 2003, 28 TexReg 479

(a) Except as provided by subsection (b) of this section, the fee for a consolidated license equals the sum of the fees for each component license encompassed by the consolidated license. (b) The department may adjust the fee for a consolidated license to reflect the economic eff…

The board shall issue an order adopting or revising a development plan and/or, if applicable, rezoning the property or granting variances or other necessary relief from ordinances of a political subdivision, if, after the hearing(s), the board determines that local ordinances, ru…

The authority for this subchapter is Texas Education Code §§ 61.051 and 61.0512 , which provide that no new degree or certificate program may be added at any public institution of higher education except with specific prior approval of the Board. Tex. Educ. Code §130.001 grants t…