SECTION 62.57. Administrative Remedies

(a) Administrative appeals will be conducted in accordance with the Administrative Procedure Act (APA), Texas Government Code Chapter 2001.

(b) An applicant who disagrees with an OAG decision to deny, decertify, suspend or probate a certification under this subchapter may request, in writing, an opportunity to show compliance within 30 days of the decision. Upon receipt of a request for an opportunity to show compliance, the OAG will review the prior decision and any additional information submitted by the requestor. A decision on a request for an opportunity to show compliance will be issued by the OAG in writing, stating the legal authority for the decision, the particular sections of the statutes and rules involved, and a short, plain statement of the matters asserted. If an opportunity to show compliance does not result in the reversal of a prior OAG decision to deny, decertify, suspend or probate a certification under this subchapter, the applicant may request a contested case hearing, as defined under the APA. The procedure for contested cases will be governed by the APA and this subchapter.

(c) Upon request of the parties or on the hearing officer's own motion, the hearing officer may conduct a pre-hearing conference. The hearing officer may notify the parties, in writing, of the disposition and rulings made on all matters considered at the pre-hearing conference.

(d) If, prior to a final decision by the OAG, the hearing officer is unable to continue to serve, the OAG may appoint another examiner to perform any remaining functions without the necessity of repeating previous proceedings.

(e) All hearings shall be open to the public, except as otherwise required by law, and shall be held telephonically, unless good cause and the public interest merit another place of hearing, as designated by the OAG.

(f) Hearings may be conducted by OAG employees designated as hearings officers. Subject to any limitations imposed by law or rule, the hearing officer shall have broad discretion in regulating the course and conduct of the hearing. The hearing officer shall have, but shall not be limited to, the following authority:

(1) to administer oaths and affirmations, issue subpoenas, authorize the taking of depositions and issue discovery orders as authorized by law, call and examine witnesses, receive and rule on the admissibility of evidence and amendments to pleadings, limit the number of witnesses whose testimony would be merely cumulative, set reasonable times within which a party may testify, cross-examine witnesses, or present evidence, and recess any hearing;

(2) to issue a final decision, including proposed findings of fact and conclusions of law, amend the final decision, or both, based upon post-hearing motions filed by the parties; and

(3) to take any other permissive action which is necessary for a fair, just, and proper hearing.

(g) An applicant who does not pursue the procedures described in the APA and in this subchapter will have failed to exhaust all available administrative remedies.

Source Note: The provisions of this §62.57 adopted to be effective September 5, 2013, 38 TexReg 5700