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Texas Human Resources Code - Section 22.018. Cooperation With State Office Of Administrative Hearings

Legal Research Home > Texas Laws > Human Resources Code > Texas Human Resources Code - Section 22.018. Cooperation With State Office Of Administrative Hearings

§ 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE 
HEARINGS.  (a) The department and the chief administrative law 
judge of the State Office of Administrative Hearings shall adopt a 
memorandum of understanding under which the State Office of 
Administrative Hearings, on behalf of the department, conducts all 
contested case hearings authorized or required by law to be 
conducted by the department under the administrative procedure law, 
Chapter 2001, Government Code.
	(b)  The memorandum of understanding shall require the chief 
administrative law judge, the department, and the commissioner to 
cooperate in connection with a contested case hearing 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 commissioner.
	(c)  The memorandum of understanding shall address whether 
the administrative law judge who conducts a contested case hearing 
for the State Office of Administrative Hearings on behalf of the 
department 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.
	(d)  The department by interagency contract shall reimburse 
the State Office of Administrative Hearings for the costs incurred 
in conducting contested case hearings for the department.  The 
department may pay an hourly fee for the costs of conducting those 
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.
	(e)  A reference in law to the hearings division of the 
department is considered to be a reference to the State Office of 
Administrative Hearings when used in relation to a contested case 
hearing under the administrative procedure law, Chapter 2001, 
Government Code.

Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1, 
1987.  Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. 
Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1505, § 1.03, eff. 
Sept. 1, 1999.

Last modified: August 11, 2007