Texas Agriculture Code - Section 12.032. Cooperation With State Office Of Administrative Hearings

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§ 12.032. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE 
HEARINGS.  (a) The commissioner and the chief administrative law 
judge of the State Office of Administrative Hearings by rule shall 
adopt a memorandum of understanding under which the State Office of 
Administrative Hearings conducts hearings for the department under 
this code.  The memorandum of understanding shall require the chief 
administrative law judge, the department, and the commissioner to 
cooperate in connection with the hearings under this code and may 
authorize the State Office of Administrative Hearings to perform 
any administrative act, including giving of notice, that is 
required to be performed by the department or the commissioner 
under this code.  The memorandum of understanding shall also 
require that hearings under this section be held at a location 
agreed upon by the State Office of Administrative Hearings and the 
department.
	(b)  For a hearing conducted by the State Office of 
Administrative Hearings under this code, the department and the 
commissioner retain the authority to decide whether the 
administrative law judge conducting the hearing for the State 
Office of Administrative Hearings shall:
		(1)  enter the final decision in the case after 
completion of the hearing;  or
		(2)  propose a decision to the department or the 
commissioner for final consideration.
	(c)  Any provision of this code that provides that the 
department or the commissioner take an action at a hearing means:
		(1)  that the department or the commissioner shall take 
the action after the receipt of a proposal for decision from the 
State Office of Administrative Hearings regarding the hearing 
conducted by that office;  or
		(2)  if so directed by the department or the 
commissioner, the State Office of Administrative Hearings shall 
enter the final decision in the case after completion of the 
hearing.
	(d)  The department shall prescribe rules of procedure for 
any cases not heard by the State Office of Administrative Hearings.
	(e)  The department by interagency contract shall reimburse 
the State Office of Administrative Hearings for the costs incurred 
in conducting administrative hearings for the department.  The 
department may pay an hourly fee for the costs of conducting these 
hearings or a fixed annual fee negotiated biennially by the 
department and the State Office of Administrative Hearings to 
coincide with the department's legislative appropriations request.
	(f)  This section does not apply to hearings held under 
Chapter 103.         

Added by Acts 1995, 74th Leg., ch. 419, § 3.01, eff. Sept. 1, 
1995.      

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Last modified: August 10, 2007