SECTION 401.53. Contested Case Hearing

(a) The commission appoints SOAH to be its finder of fact in contested cases. The commission does not delegate to the hearings officer and retains for itself the right to determine the sanctions and make the final decision in a contested case.

(b) SOAH hearings of contested cases shall be conducted in accordance with the APA by a hearings officer assigned by SOAH. Jurisdiction over the case is acquired by SOAH when the commission staff files a request to docket case.

(c) The commission may serve the notice of hearing on the respondent at his or her last known address as shown by commission records. The notice may be served by registered U.S. mail or by certified mail, return receipt requested.

Source Note: The provisions of this §401.53 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826