Hearings Examiner; Administrative Law Judge

Sec. 2301.704. HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE. (a) Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office of Administrative Hearings. (a-1) A hearing under Section 2301.204 or Subchapter M must be held by a hearings examiner. (b) An administrative law judge and a hearings examiner have all of the board's power and authority as provided by this chapter to conduct hearings, including the power to: (1) hold a hearing; (2) administer an oath; (3) receive pleadings and evidence; (4) issue a subpoena to compel the attendance of a witness; (5) compel the production of papers and documents; (6) issue an interlocutory order, including a cease and desist order in the nature of a temporary restraining order or a temporary injunction; (7) make findings of fact and conclusions of law; and (8) issue a proposal for decision and recommend a final order. (c) In a contested case hearing under Section 2301.204 or Subchapter M, a hearings examiner shall issue a final order. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 2, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 9, eff. January 1, 2014.