SECTION 307.31. Prehearing Procedures

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(a) Docketing. When a pleading to institute a contested case proceeding before the Commission is received, and it complies with the Rules as to form and content, the executive secretary shall docket the proceeding as pending, numbered in accordance with the docket numbering system of the Commission.
(b) Settlement. The executive secretary may attempt to settle any contested case proceeding through agreement. If the proceeding involves a racetrack, the executive secretary shall present an agreed order to the Commission. If the proceeding involves an occupational licensee, the executive secretary may issue a ruling reflecting the terms of the agreement and if applicable, superceding the stewards' or judges' ruling.
(c) Referral to SOAH. If after a reasonable time the proceeding cannot be settled through agreement, the executive secretary shall refer the matter to SOAH.

Source Note: The provisions of this §307.31 adopted to be effective January 1, 2002, 26 TexReg 10530

                    
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