Sec. 2301.704. HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE. (a) Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office of Administrative Hearings.
(a-1) A hearing under Section 2301.204 or Subchapter M must be held by a hearings examiner.
(b) An administrative law judge and a hearings examiner have all of the board's power and authority as provided by this chapter to conduct hearings, including the power to:
(1) hold a hearing;
(2) administer an oath;
(3) receive pleadings and evidence;
(4) issue a subpoena to compel the attendance of a witness;
(5) compel the production of papers and documents;
(6) issue an interlocutory order, including a cease and desist order in the nature of a temporary restraining order or a temporary injunction;
(7) make findings of fact and conclusions of law; and
(8) issue a proposal for decision and recommend a final order.
(c) In a contested case hearing under Section 2301.204 or Subchapter M, a hearings examiner shall issue a final order.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 2, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 9, eff. January 1, 2014.
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