Texas Administrative Code

(a) Each notice of funding opportunity for a specific grant program will identify one or more of the following Texas entities as an eligible applicant: (1) public libraries; (2) TexShare Library Consortium member institutions; or (3) nonprofit organizations. (b) A public library …

An institution of higher education seeking approval to offer a degree program under this subchapter must submit a Planning Notification to Board Staff in accordance with Subchapter C of this chapter prior to submitting an administratively complete request for a new baccalaureate …

(a) When appropriate, the administrative law judge may hold a prehearing conference to resolve matters preliminary to the hearing. At the discretion of the administrative law judge, a prehearing conference may be held by telephone. (b) A prehearing conference may be convened to a…

(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…

If, after the hearing(s), the Board determines that local zoning requirements are detrimental to the best interest(s) of the State, the Board shall issue an order establishing a development plan to govern the use of the real property as provided in § 2267 of the Texas Government …

(a) A person may represent himself or herself. (b) A person may be represented by an attorney authorized to practice law in the State of Texas or other representative when authorized by law. (c) A party's representative shall enter his or her appearance in the case by filing a no…

(a) The Board shall conduct one or more public hearings for any purpose set forth in § 2.54 (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 simple majority of the Board members constitutes a quorum with power to act in all cases. Notes 31 Tex. Admin. Code § 2.57 Adopted by Texas Register, Volume 40, Number 06, February 6, 2015, TexReg 608 , eff. 2/12/2015

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 § 2.60 Adopted by Texas Register, Volume 40, Numbe…

(a) A state entity may request a Board hearing to: (1) appeal the denial by a political subdivision of a request for rezoning, variance, or other relief in the state entity's development plan; and/or (2) request the Board to adopt or revise a development plan. (b) The state entit…

The authority for this subchapter is Texas Education Code § 61.002 , which directs the Board to coordinate higher education through efficient and effective use of resources and elimination of costly program duplication; Tex. Educ. Code §61.0512(e), which requires the Board to con…

(a) A Public Health-Related Institution and Public University is subject to Assistant Commissioner Approval under Subchapter A, § 2.4 , of this chapter, if the proposed program contains not greater than 50% new content. (b) A Public Health-Related Institution and Public Universit…

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

(a) The Board shall provide notice of each hearing in accordance with the Texas Open Meetings Act, Government Code, Chapter 551, §551.045. (b) At least 14 calendar days prior to a Board hearing, the Board shall provide written notice to all political subdivisions in which the pro…

(a) Original Materials. (1) All documents shall be filed with the administrative hearings clerk at SOAH or as designated by the Commissioner. (2) Submission of documents to be filed must include an original and two copies. (3) Faxed submissions of documents will be accepted for f…

(a) TxDOT. The coordination responsibilities of TxDOT under this MOU are defined as follows. (1) All coordination required by this MOU shall be conducted by or through TxDOT's Environmental Affairs Division or its successor as established by TxDOT administration, unless the Envir…

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…

(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…

(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) 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 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) 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…

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…

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 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…

(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) 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…

(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…

(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…

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…

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) 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…

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 …

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 …

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

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 …

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…

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 …

(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) 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 …

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 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…

(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; (…

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) 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…

(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) 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…