SECTION 157.2. Request for Hearing; Transfer to State Office of Administrative Hearings  


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  • (a) All proceedings under §157.1 of this title (relating to Scope and Purpose) shall be heard by the State Office of Administrative Hearings, pursuant to the procedures set forth in 1 TAC Chapter 155 (relating to Rules of Procedures).

    (b) In cases in which the Texas Education Agency is not the petitioner, petitions for review or requests for hearing shall be filed with the State Board of Education (SBOE) within 30 calendar days after the decision, order, or ruling complained of is first communicated to the petitioner, except as otherwise provided by law or SBOE rule.

    (c) At the time the petitioner files a request for hearing with the SBOE regarding administrative penalties pursuant to the Texas Education Code, §31.151, all parties to the hearing are prohibited from contacting members of the SBOE concerning the factual or legal issues presented in the hearing until a final decision is rendered.

Source Note: The provisions of this §157.2 adopted to be effective March 31, 2004, 29 TexReg 3175; amended to be effective March 7, 2012, 37 TexReg 1513