Texas Administrative Code

(a) After the required notice has been issued, the judge shall convene a preliminary hearing to consider the jurisdiction of the commission over the proceeding. A preliminary hearing is not required in an enforcement matter, except in those under federally authorized underground …

(a) On the judge's own motion or on motion of a party and after notice and an opportunity for a hearing, a judge may impose sanctions against a party or its representative for: (1) filing a motion or pleading that is groundless and brought: (A) in bad faith; (B) for the purpose o…

The executive director is a party in all contested case hearings concerning permitting matters. The executive director's participation shall be to complete the administrative record and support the executive director's position developed in the underlying proceeding. The executiv…

(a) Determination by judge. All parties to a proceeding shall be determined at the preliminary hearing or when the judge otherwise designates. To be admitted as a party, a person must have a justiciable interest in the matter being considered and must, unless the person is specif…

(a) Those who attend or participate in hearings should conduct themselves in a manner respectful of the conduct of public business, and conducive to orderly and polite discourse. All those in attendance shall comply with the judge's directions concerning the offer of public comme…

(a) After following the provisions of §80.2 of this title (relating to Complaint Procedures), the Enforcement Committee may invite a licensee to attend an informal conference to seek to settle a complaint. (b) The Enforcement Committee shall notify a licensee of an invitation to …

(a) In order to determine the nature and extent of the public interest, the public interest counsel must consider the following factors before deciding to represent the public interest as a party to a commission proceeding on a proposed agency action: (1) the extent to which the …

(a) Any person may appear at a hearing in person or by authorized representative. A person appearing in a representative capacity may be required to prove his authority. (b) Except for good cause, the applicant or petitioner shall appear at the public hearing. Failure to so appea…

(a) A party has the right to conduct discovery, present a direct case, cross-examine witnesses, make oral and written arguments, obtain copies of all pleadings, motions, replies, and other filed documents, receive copies of all notices issued by the commission concerning the proc…

(a) In all proceedings, the moving party has the right to open and close. Where several matters have been consolidated, the judge will designate who will open and close. The judge will determine at what stage other parties will be permitted to offer evidence and argument. After a…

(a) Except as provided in subsection (c) of this section, in all permit hearings, the record in a contested case includes, at a minimum, the following certified copies of documents: (1) the executive director's final draft permit, including any special provisions or conditions; (…

(a) The judge may continue a hearing from time to time and from place to place. If the time and place for the hearing to reconvene are not announced at the hearing, a notice shall be mailed at a reasonable time to all parties and other persons who, in the opinion of the judge, ma…

The Board shall maintain all information concerning complaints in accordance with the agency's current records retention schedule as approved by the Texas State Library and Archives Commission.

Agreements between parties affecting any pending matter must be in writing, signed and filed as a part of the record, or announced at the hearing and entered in the record.

In permit cases referred under §55.210 of this title (relating to Direct Referrals), all timely public comment on the application and the executive director's responses to timely, relevant and material, or significant public comment shall be admitted into the administrative recor…

(a) General admissibility of evidence. (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Texas Rules of Civil Evidence, as applied in nonjury civil cases in the district courts of this state, shall be followed. When necessary to ascertain facts not…

If the commission considers air dispersion modeling information in the course of issuing a standard permit under Chapter 116, Subchapter F of this title (relating to Standard Permits) for a plant that performs wet batch, dry batching, or central mixing, evidence regarding air dis…

Objections shall be timely noted in the record. Formal exception to the ruling of the judge is not necessary to preserve the objecting party's right on appeal.

(a) Consolidation. Consistent with notices required by law, the judge may consolidate related cases or claims if consolidation will not prejudice any party and may save time and expense or otherwise benefit the public interest and welfare. With the judge's permission, the executi…

(a) No interlocutory appeals may be made to the commission by a party to a proceeding before a judge except that in an enforcement action a party may seek an interlocutory appeal to the commission on jurisdictional issues only. (b) On a motion by a party or on the judge's own mot…

At the conclusion of the hearing, oral argument may be heard upon request of the parties or at the judge's direction. The judge may prescribe reasonable time limits, and may require or accept written briefs in lieu of oral arguments, and may set a schedule for the submission of w…

The judge may request that the parties submit proposed findings of fact and conclusions of law separately stated.

(a) Motion. After the preliminary hearing and up to 21 days before the evidentiary hearing, a party may file a motion for a summary disposition of all or any part of an action. The motion shall state the specific issues upon which summary disposition is sought, and the specific g…

(a) No ex parte communications. Unless required for the disposition of an ex parte matter authorized by law, during the pendency of a contested case either at SOAH or before the commission, no party, person, or their representatives shall communicate directly or indirectly with a…

(a) Discovery shall be conducted according to the Texas Rules of Civil Procedure, unless commission rules provide or the judge orders otherwise. The Texas Rules of Civil Procedure shall be interpreted consistently with this chapter, the Texas Water Code, the Texas Health and Safe…

(a) Any application that is declared administratively complete on or after September 1, 1999 is subject to this section. (b) The scope of permissible discovery in contested case hearings is limited to: (1) any matter reasonably calculated to lead to the discovery of admissible ev…

(a) Upon proper request by a party, the judge shall issue subpoenas and commissions to take depositions according to the APA. A request for issuance shall be filed with the chief clerk, and a copy shall be served on the judge and the parties. (b) Before seeking issuance of either…

The heading of the subpoena shall be "The State Office of Administrative Hearings." It shall state the style of the hearing, that the hearing is pending before SOAH, the time and place at which the witness is required to appear, and the party at whose insistence the witness is su…

(a) The burden of proof is on the moving party by a preponderance of the evidence, except as provided in subsection (b) of this section. (b) In an enforcement case, the executive director has the burden of proving by a preponderance of the evidence the occurrence of any violation…

The judge shall record each proceeding on audio cassette tape. Any person may obtain a copy of the tape recording from the judge or, after conclusion of the hearing, may submit a request to the chief clerk accompanied by payment of all reproduction costs.

Terms used herein that are defined in the Code and the Standards Act have the meanings ascribed to them therein. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) APA--Administrative Pr…

(a) Initial statement. To transact business in Texas, a foreign limited liability partnership must file an application for registration that complies with §152.905 and Chapters 4 and 9 of the Texas Business Organizations Code. The secretary of state has promulgated a form for thi…

(a) A person may file a complaint on the complaint form available on the Board's website or upon request to the Board office. (b) The Board shall investigate all complaints. (c) A complaint shall contain all necessary information available, including: (1) the complainant's name, …

(a) With each new home, the manufacturer shall provide printed instructions which at a minimum must: (1) specify the location, orientation and required capacity of stabilizing components on which the design is based; (2) be filed with the Department; (3) be approved by the manufa…

(a) Initial appointment. An unincorporated nonprofit association may file a statement appointing an agent authorized to receive service of process. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. See Form 706, available …

(a) A person who is not a party and is compelled to attend any hearing or proceeding or to produce books, records, papers, or other objects is entitled to receive mileage reimbursement if the location of the hearing or proceeding is more than 25 miles from the person's place of r…

(a) All new manufactured homes shall be installed by a licensed installer and in accordance with the home manufacturer's DAPIA-approved installation instructions. (b) All used manufactured homes shall be installed by a licensed installer to resist overturning and lateral movement…

(a) If the used manufactured home is installed according to the state's generic standards and the space under the home is to be enclosed with skirting and/or other materials provided by the retailer and/or installer, the enclosure must meet the following requirements: (1) At leas…

(a) Amendment. A statement appointing an agent may be amended by filing an amendment to the statement appointing an agent with the secretary of state. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. See Form 707, availab…

(a) Notice of Cancellation. A statement appointing an agent may be canceled by filing with the secretary of state a written notice of cancellation. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. See Form 709, available …

(a) Proper sizing of footings depends on the load carrying capacity of both the piers and the soil. To determine the load bearing capacity of the soil, the installer may use any of the following methods: (1) Using a pocket penetrometer; (2) Soil surveys from the U.S. Department o…

(a) Official court reporter. Consistent with its court reporting services agreement, the commission will provide a certified court reporter to make a verbatim record and transcript of any commission meeting, hearing, or other proceeding upon the timely request of any person. The …

(a) General Requirements: For units built on or after September 1, 1997, the installer must verify that the unit is designed for the Wind Zone in which it is to be installed and must follow all applicable installation instructions for that Wind Zone as set forth herein. Note: A W…

(a) Notice of Resignation. A person appointed by a nonprofit association as its agent authorized to receive service of process may resign as its appointed agent by filing a written notice of resignation with the secretary of state. The secretary of state has promulgated a form fo…

An unincorporated nonprofit association may appoint an individual resident of this state, a domestic or foreign corporation, whether for profit or not for profit, a business trust, estate, trust, partnership, limited liability company, association, joint venture, or any other leg…

(a) An applicant may file a request to withdraw its application at any time before the proposal for decision is issued. (b) If the request is to withdraw the application with prejudice, the judge shall remand the application and request to the executive director, who shall enter …

(a) Air infiltration and water vapor migration at mating surfaces: Before positioning additional sections, the mating line surfaces along the floor, endwall and ceiling, require material or procedures to limit air infiltration and water vapor migration. (1) Expanding Foam: Foam m…