SECTION 165.5. Applicability of Other SOAH Rules  


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  • (a) Other SOAH rules of procedure found at Chapters 155, 157, and 161 of this title (relating to Rules of Procedure; Temporary Administrative Law Judges; and Requests for Records) apply in appeals under this chapter unless specific applicable procedures are set out in this chapter. The rules in this chapter control to the extent there is a conflict with the rules in Chapters 155, 157, and 161 of this title. Except as inconsistent with this chapter, the rules from other chapters that specifically apply include:

    (1) §155.7 of this title (relating to Computation of Time);

    (2) §155.51 of this title (relating to Jurisdiction);

    (3) §155.151 of this title (relating to Assignment of Judges to Cases);

    (4) §155.153 of this title (relating to Powers and Duties);

    (5) §155.155 of this title (relating to Orders);

    (6) §155.157 of this title (relating to Sanctioning Authority);

    (7) §155.423 of this title (relating to Making a Record of the Proceeding);

    (8) §155.425 of this title (relating to Procedure at Hearing);

    (9) §155.431 of this title (relating to Conduct and Decorum);

    (10) §157.1 of this title (relating to Temporary Administrative Law Judges); and

    (11) §161.1 of this title (relating to Charges for Copies of Public Information).

    (b) The provisions of §155.351 of this title (relating to Mediation) do not apply to appeals under this chapter.

Source Note: The provisions of this §165.5 adopted to be effective January 17, 2010, 35 TexReg 203