SECTION 3.233. Application and Construction of Procedures

(a) SOAH shall conduct formal hearings in accordance with the APA, the Rules of Procedure of SOAH, the Landscape Architects' Registration Law, the Rules and Regulations of the Board, and case law, provided that:

(1) an administrative law judge may, by order, modify the requirements of the Rules of Procedure of SOAH and supplement other procedural requirements of law to promote the fair and efficient handling of a Contested Case; and

(2) an administrative law judge may modify the procedural requirements of the Rules of Procedure of SOAH in appropriate cases to facilitate resolution of issues if doing so does not prejudice any of a party's rights or contravene applicable statutes.

(b) If there is any conflict between the Rules and Regulations of the Board or a prior decision of the Board and any of the statutory provisions applicable to a Contested Case, the statute controls.

(c) Not all contested procedural issues may be susceptible to resolution by reference to the APA and other applicable statutes, the Rules of Procedure of SOAH, the Rules and Regulations of the Board, and case law. When they are not, the presiding administrative law judge shall consider the Texas Rules of Civil Procedure (TRCP) as interpreted and construed by Texas case law, and shall consider persuasive authority established in other forums in order to issue orders and rulings that are just in the circumstances of the Contested Case.

Source Note: The provisions of this §3.233 adopted to be effective July 7, 2002, 27 TexReg 5778