SECTION 215.306. Referral to SOAH  


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  • Contested cases shall be referred to SOAH upon determination that a hearing is appropriate under Occupations Code, Chapter 2301, Subchapter O; Transportation Code, Chapter 503; or this chapter, including contested cases relating to:

    (1) an enforcement complaint on the department's own initiative;

    (2) a notice of protest that has been timely filed in accordance with §215.106 of this title (relating to Time for Filing Protest);

    (3) a protest filed under Occupations Code, §2301.360 or a complaint or protest filed under Occupations Code, Chapter 2301, Subchapters I or J;

    (4) issuance of a cease and desist order, whether the order is issued with or without prior notice at the time the order takes effect; or

    (5) any other contested matter that meets the requirements for a hearing at SOAH under Occupations Code, Chapter 2301.

Source Note: The provisions of this §215.306 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571