SECTION 575.10. Costs of Administrative Hearings

(a) Default Orders. In cases brought before SOAH, in the event that the respondent is adjudged to be in violation of the Act by default, the Board has the authority to assess, in addition to penalty imposed, costs of transcribing the administrative hearing.

(b) Mediation at SOAH. The costs of mediation shall be born equally by the parties, unless proof through affidavit and other reliable records such as tax returns show that a party is incapable of paying part of the costs of mediation.

(c) Trial on the Merits. In cases brought before SOAH, in the event that the respondent is adjudged after a trial on the merits to be either in violation of the Act or ineligible for licensure, the Board has the authority to assess, in addition to the penalty imposed, the costs of transcribing the administrative hearing.

(d) Appeal. The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.

Source Note: The provisions of this §575.10 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective May 12, 2013, 38 TexReg 2761