SECTION 155.1. Purpose

(a) This chapter governs the procedures of the State Office of Administrative Hearings (SOAH). These rules apply in all matters referred to SOAH, including contested cases under the Administrative Procedure Act (APA), Tex. Gov't Code Chapter 2001. These rules do not apply to matters otherwise addressed by statute or to matters that are otherwise limited by the provisions of this chapter.

(b) Administrative License Suspension cases initiated by the Texas Department of Public Safety are governed by Chapter 159 of this title.

(c) Arbitration procedures for certain enforcement actions of the Texas Department of Aging and Disability Services regarding assisted living facilities and nursing homes are governed by Chapters 156 and 163 of this title.

(d) Appeals of appraisal review board decisions are governed by Chapter 165 of this title.

(e) Dispute resolution procedures for certain consumer health benefit disputes under Insurance Code, Chapter 1467, are governed by Chapter 167 of this title.

(f) The procedural rules of the Public Utility Commission of Texas (PUC) that are adopted by reference are those enacted in Title 16, Chapter 22 of the Texas Administrative Code. The procedural rules of the Texas Commission on Environmental Quality (TCEQ) are adopted by reference are those enacted in Title 30, Chapter 80 of the Texas Administrative Code. This adoption does not include any PUC or TCEQ rules addressing the use of Alternative Dispute Resolution (ADR) processes at SOAH. Those ADR processes are governed by the Governmental Dispute Resolution Act, Tex. Gov't Code Chapter 2009; SOAH rule provisions pertaining to ADR; and interagency contracts, memoranda of understanding, or other written agreements with referring entities.

(g) The procedural rules of the Comptroller of Public Accounts (CPA) that address the hearing process in matters referred by that agency pertaining to protesting preliminary findings of a property value study are those enacted in Title 34, Chapter 9, Subchapter L of the Texas Administrative Code.

(h) Under Tex. Gov't Code §815.102, the procedural rules of the Employees Retirement System of Texas (ERS) govern the formal contested case process in matters it refers to SOAH.

(i) Proceedings under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§1400, et seq. , are governed by that statute, federal regulations at 34 C.F.R. Part 300, the rules of the Texas Education Agency at 19 TAC Chapter 89, and the procedures set forth in §§155.51, 155.53, 155.101(a)-(b), 155.103, 155.105, 155.301, 155.305, and 155.429(b) of this chapter.

Source Note: The provisions of this §155.1 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective April 16, 2009, 34 TexReg 2376; amended to be effective January 1, 2017, 41 TexReg 8593; amended to be effective September 1, 2021, 46 TexReg 5381