CHAPTER 2003. STATE OFFICE OF ADMINISTRATIVE HEARINGS
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE A. ADMINISTRATIVE PROCEDURE AND PRACTICE
CHAPTER 2003. STATE OFFICE OF ADMINISTRATIVE HEARINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2003.001. DEFINITIONS. In this chapter:
(1) "Administrative law judge" means an individual who presides
at an administrative hearing held under Chapter 2001.
(2) "Alternative dispute resolution procedure" has the meaning
assigned by Section 2009.003.
(3) "Office" means the State Office of Administrative Hearings.
(4) "State agency" means:
(A) a state board, commission, department, or other agency that
is subject to Chapter 2001; and
(B) to the extent provided by Title 5, Labor Code, the Texas
Department of Insurance, as regards proceedings and activities
under Title 5, Labor Code, of the department, the commissioner of
insurance, or the commissioner of workers' compensation.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 980, Sec. 3.01, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 934, Sec. 2, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.02(9), eff. Sept.
1, 1999; Acts 1999, 76th Leg., ch. 1352, Sec. 7, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 6.009, eff. September 1, 2005.
SUBCHAPTER B. STATE OFFICE OF ADMINISTRATIVE HEARINGS
Sec. 2003.021. OFFICE. (a) The State Office of Administrative
Hearings is a state agency created to serve as an independent
forum for the conduct of adjudicative hearings in the executive
branch of state government. The purpose of the office is to
separate the adjudicative function from the investigative,
prosecutorial, and policymaking functions in the executive branch
in relation to hearings that the office is authorized to conduct.
(b) The office:
(1) shall conduct all administrative hearings in contested cases
under Chapter 2001 that are before a state agency that does not
employ an individual whose only duty is to preside as a hearings
officer over matters related to contested cases before the
agency;
(2) shall conduct administrative hearings in matters for which
the office is required to conduct the hearing under other law;
(3) shall conduct alternative dispute resolution procedures that
the office is required to conduct under law; and
(4) may conduct, for a fee and under a contract, administrative
hearings or alternative dispute resolution procedures in matters
voluntarily referred to the office by a governmental entity.
(c) The office shall conduct hearings under Title 5, Labor Code,
as provided by that title. In conducting hearings under Title 5,
Labor Code, the office shall consider the applicable substantive
rules and policies of the division of workers' compensation of
the Texas Department of Insurance regarding workers' compensation
claims. The office and the Texas Department of Insurance shall
enter into an interagency contract under Chapter 771 to pay the
costs incurred by the office in implementing this subsection.
(d) The office shall conduct hearings under the Agriculture Code
as provided under Section 12.032, Agriculture Code. In conducting
hearings under the Agriculture Code, the office shall consider
the applicable substantive rules and policies of the Department
of Agriculture.
(e) The office shall conduct all hearings in contested cases
under Chapter 2001 that are before the commissioner of public
health or the Texas Board of Health or Texas Department of
Health.
(f) The office may adopt a seal to authenticate the official
acts of the office and of its administrative law judges.
(g) The office shall conduct all hearings in contested cases
under Chapter 2001 that are before the Texas Department of
Licensing and Regulation under Chapter 51, Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 3.29, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 980, Sec. 3.02, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 934, Sec. 3, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 85, Sec. 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1411, Sec. 1.01, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(65), eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1215, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 6.010, eff. September 1, 2005.
Sec. 2003.022. CHIEF ADMINISTRATIVE LAW JUDGE. (a) The office
is under the direction of a chief administrative law judge
appointed by the governor for a two-year term. The chief
administrative law judge is eligible for reappointment.
(b) To be eligible for appointment as chief administrative law
judge, an individual must:
(1) be licensed to practice law in this state; and
(2) for at least five years, have:
(A) practiced administrative law;
(B) conducted administrative hearings under Chapter 2001; or
(C) engaged in a combination of the two activities listed in
Paragraphs (A) and (B).
(c) The chief administrative law judge may not engage in the
practice of law while serving as chief administrative law judge.
The chief administrative law judge serves in a full-time
position.
(d) The chief administrative law judge shall:
(1) supervise the office;
(2) protect and ensure the decisional independence of each
administrative law judge;
(3) adopt a code of conduct for administrative law judges that
may be modeled on the Code of Judicial Conduct; and
(4) monitor the quality of administrative hearings conducted by
the office.
(e) The appointment of the chief administrative law judge shall
be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 212, Sec. 1, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 85, Sec. 2, eff. Sept.
1, 1999; Acts 2003, 78th Leg., ch. 1215, Sec. 3, eff. Sept. 1,
2003.
Sec. 2003.0221. REMOVAL OF CHIEF ADMINISTRATIVE LAW JUDGE. It
is a ground for removal from the position of chief administrative
law judge that an appointee:
(1) does not have at the time of taking office the
qualifications required by Section 2003.022(b);
(2) does not maintain during service as chief administrative law
judge a license to practice law in this state;
(3) is ineligible to hold the position under Section 2003.0225;
(4) cannot, because of illness or disability, discharge the
appointee's duties for a substantial part of the appointee's
term; or
(5) engages in the practice of law in violation of Section
2003.022(c).
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 4, eff. Sept. 1,
2003.
Sec. 2003.0225. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not hold the position of chief administrative
law judge and may not be employed by the office in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), and its subsequent
amendments, if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in any field regulated by an agency for
which the office is required to conduct administrative hearings;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in any field regulated by
an agency for which the office is required to conduct
administrative hearings.
(c) A person may not hold the position of chief administrative
law judge or act as the general counsel to the chief
administrative law judge or the office if the person is required
to register as a lobbyist under Chapter 305 because of the
person's activities for compensation on behalf of a profession
related to the operation of the office, including a profession
that is licensed by an agency for which the office is required to
conduct administrative hearings.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 5, eff. Sept. 1,
2003.
Sec. 2003.0226. INFORMATION REGARDING REQUIREMENTS FOR
EMPLOYMENT AND STANDARDS OF CONDUCT. The chief administrative
law judge or the chief administrative law judge's designee shall
provide to office employees, as often as necessary, information
regarding the requirements for employment under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
employees.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 5, eff. Sept. 1,
2003.
Sec. 2003.023. SUNSET PROVISION. The State Office of
Administrative Hearings is subject to review under Chapter 325
(Texas Sunset Act), but is not abolished under that chapter. The
office shall be reviewed during the periods in which state
agencies abolished in 2015 and every 12th year after 2015 are
reviewed.
Added by Acts 1997, 75th Leg., ch. 210, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1169, Sec. 2.04, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 6, eff.
Sept. 1, 2003.
Sec. 2003.024. INTERAGENCY CONTRACTS; ANTICIPATED HOURLY USAGE
AND COST ESTIMATES. (a) If a state agency referred matters to
the office during any of the three most recent state fiscal years
for which complete information about the agency's hourly usage is
available and the costs to the office of conducting hearings and
alternative dispute resolution procedures for the state agency
are not to be paid by appropriations to the office during a state
fiscal biennium, the office and the agency shall enter into an
interagency contract for the biennium under which the referring
agency pays the office, at the start of each fiscal year of the
biennium, a lump-sum amount to cover the costs of conducting all
hearings and procedures during the fiscal year. The lump-sum
amount paid to the office under the contract must be based on:
(1) an hourly rate that is set by the office in time for the
rate to be reviewed by the legislature as part of the
legislature's review of the office's legislative appropriations
request for the biennium; and
(2) the anticipated hourly usage of the office's services by the
referring agency for each fiscal year of the biennium, as
estimated by the office under Subsection (a-1).
(a-1) Before the beginning of each state fiscal biennium, the
office shall estimate for each fiscal year of the biennium the
anticipated hourly usage for each state agency that referred
matters to the office during any of the three most recent state
fiscal years for which complete information about the agency's
hourly usage is available. The office shall estimate an agency's
anticipated hourly usage by evaluating:
(1) the number of hours spent by the office conducting hearings
or alternative dispute resolution procedures for the state agency
during the three most recent state fiscal years for which
complete information about the agency's hourly usage is
available; and
(2) any other relevant information, including information
provided to the office by the state agency, that suggests an
anticipated increase or decrease in the agency's hourly usage of
the office's services during the state fiscal biennium, as
compared to past usage.
(a-2) If a state agency did not refer matters to the office
during any of the three state fiscal years preceding a state
fiscal biennium for which complete information about the agency's
hourly usage would have been available and did not provide
information to the office sufficient for the office to reasonably
and timely estimate anticipated usage and enter into a contract
with the agency before the start of the state fiscal biennium,
and the costs to the office of conducting hearings and
alternative dispute resolution procedures for the state agency
are not paid by appropriations to the office for the state fiscal
biennium, the referring agency shall pay the office the costs of
conducting hearings or procedures for the agency based on the
hourly rate that is set by the office under Subsection (a) and on
the agency's actual usage of the office's services.
(b) If the costs to the office of conducting hearings and
alternative dispute resolution procedures for a state agency that
refers matters to the office are anticipated to be paid by a
lump-sum appropriation to the office for a state fiscal biennium,
the office shall timely provide to the legislature the
information described by Subsection (c).
(c) Each state fiscal biennium, the office as part of its
legislative appropriation request shall file:
(1) information, as estimated under Subsection (a-1), related to
the anticipated hourly usage of each state agency that refers
matters to the office for which the costs of hearings and
alternative dispute resolution procedures are anticipated to be
paid by appropriations to the office; and
(2) an estimate of its hourly costs in conducting each type of
hearing or dispute resolution procedure. The office shall
estimate the hourly cost based on the average cost per hour
during the preceding state fiscal year of:
(A) the salaries of its administrative law judges;
(B) the travel expenses, hearing costs, and telephone charges
directly related to the conduct of a hearing or procedure; and
(C) the administrative costs of the office, including docketing
costs and the administrative costs of the division of the office
that conducts the hearing or procedure.
(d) This section does not apply to hearings conducted:
(1) by the natural resource conservation division or the utility
division; or
(2) under the administrative license revocation program.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 3, eff. Sept. 1,
2000. Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 7, eff.
Sept. 1, 2003.
SUBCHAPTER C. STAFF AND ADMINISTRATION
Sec. 2003.041. EMPLOYMENT OF ADMINISTRATIVE LAW JUDGES. (a)
The chief administrative law judge shall employ administrative
law judges to conduct hearings for state agencies subject to this
chapter.
(b) To be eligible for employment with the office as an
administrative law judge, an individual must be licensed to
practice law in this state and meet other requirements prescribed
by the chief administrative law judge.
(c) An administrative law judge employed by the office is not
responsible to or subject to the supervision, direction, or
indirect influence of any person other than the chief
administrative law judge or a senior or master administrative law
judge designated by the chief administrative law judge. In
particular, an administrative law judge employed by the office is
not responsible to or subject to the supervision, direction, or
indirect influence of an officer, employee, or agent of another
state agency who performs investigative, prosecutorial, or
advisory functions for the other agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 85, Sec. 4, eff. Sept.
1, 1999.
Sec. 2003.0411. SENIOR AND MASTER ADMINISTRATIVE LAW JUDGES.
(a) The chief administrative law judge may appoint senior or
master administrative law judges to perform duties assigned by
the chief administrative law judge.
(b) To be appointed a senior administrative law judge, a person
must have at least six years of general legal experience, must
have at least five years of experience presiding over
administrative hearings or presiding over hearings as a judge or
master of a court, and must meet other requirements as prescribed
by the chief administrative law judge.
(c) Except as provided by Section 2003.101, to be appointed a
master administrative law judge, a person must have at least 10
years of general legal experience, must have at least six years
of experience presiding over administrative hearings or presiding
over hearings as a judge or master of a court, and must meet
other requirements as prescribed by the chief administrative law
judge.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 5, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 2, eff. June 15, 2007.
Sec. 2003.0412. EX PARTE CONSULTATIONS. (a) Except as provided
by Subsection (b), the provisions of Section 2001.061 apply in
relation to a matter before the office without regard to whether
the matter is considered a contested case under Chapter 2001.
(b) The provisions of Section 2001.061 do not apply to a matter
before the office to the extent that the office is conducting an
alternative dispute resolution procedure in relation to the
matter. The chief administrative law judge shall adopt rules that
prescribe the types of alternative dispute resolution procedures
in which ex parte consultations are prohibited and the types of
alternative dispute resolution procedures in which ex parte
consultations are allowed. For alternative dispute resolution
procedures in which ex parte consultations are prohibited, the
chief administrative law judge in adopting rules under this
subsection shall model the prohibition after Section 2001.061 but
may vary the extent of the prohibition if necessary to take into
account the nature of alternative dispute resolution procedures.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 5, eff. Sept. 1,
1999.
Sec. 2003.042. POWERS OF ADMINISTRATIVE LAW JUDGE. (a) An
administrative law judge employed by the office or a temporary
administrative law judge may:
(1) administer an oath;
(2) take testimony;
(3) rule on a question of evidence;
(4) issue an order relating to discovery or another hearing or
prehearing matter, including an order imposing a sanction;
(5) issue an order that refers a case to an alternative dispute
resolution procedure, determines how the costs of the procedure
will be apportioned, and appoints an impartial third party as
described by Section 2009.053 to facilitate that procedure;
(6) issue a proposal for decision that includes findings of fact
and conclusions of law;
(7) if expressly authorized by a state agency rule adopted under
Section 2001.058(f), make the final decision in a contested case;
(8) serve as an impartial third party as described by Section
2009.053 for a dispute referred by an administrative law judge,
unless one of the parties objects to the appointment; and
(9) serve as an impartial third party as described by Section
2009.053 for a dispute referred by a government agency under a
contract.
(b) An administrative law judge may not serve as an impartial
third party for a dispute that the administrative law judge
refers to an alternative dispute resolution procedure.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 605, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 934, Sec. 4, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1167, Sec. 2, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.02(10), eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1352, Sec. 8, eff. Sept. 1, 1999.
Sec. 2003.0421. SANCTIONS. (a) An administrative law judge
employed by the office or a temporary administrative law judge,
on the judge's own motion or on motion of a party and after
notice and an opportunity for a hearing, may impose appropriate
sanctions as provided by Subsection (b) against a party or its
representative for:
(1) filing a motion or pleading that is groundless and brought:
(A) in bad faith;
(B) for the purpose of harassment; or
(C) for any other improper purpose, such as to cause unnecessary
delay or needless increase in the cost of the proceeding;
(2) abuse of the discovery process in seeking, making, or
resisting discovery; or
(3) failure to obey an order of the administrative law judge or
of the state agency on behalf of which the hearing is being
conducted.
(b) A sanction imposed under Subsection (a) may include, as
appropriate and justified, issuance of an order:
(1) disallowing further discovery of any kind or of a particular
kind by the offending party;
(2) charging all or any part of the expenses of discovery
against the offending party or its representatives;
(3) holding that designated facts be considered admitted for
purposes of the proceeding;
(4) refusing to allow the offending party to support or oppose a
designated claim or defense or prohibiting the party from
introducing designated matters in evidence;
(5) disallowing in whole or in part requests for relief by the
offending party and excluding evidence in support of those
requests; and
(6) striking pleadings or testimony, or both, in whole or in
part.
(c) This section applies to any contested case hearing conducted
by the office, except hearings conducted on behalf of the Texas
Natural Resource Conservation Commission or the Public Utility
Commission of Texas which are governed by Sections 2003.047 and
2003.049.
Added by Acts 1997, 75th Leg., ch. 605, Sec. 2, eff. Sept. 1,
1997.
Sec. 2003.043. TEMPORARY ADMINISTRATIVE LAW JUDGE. (a) The
chief administrative law judge may contract with a qualified
individual to serve as a temporary administrative law judge if an
administrative law judge employed by the office is not available
to hear a case within a reasonable time.
(b) The chief administrative law judge shall adopt rules
relating to the qualifications of a temporary judge.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2003.044. STAFF. The chief administrative law judge may
hire staff as required to perform the powers and duties of the
office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2003.045. OVERSIGHT OF ADMINISTRATIVE LAW JUDGES. The
chief administrative law judge may designate senior or master
administrative law judges to oversee the training, evaluation,
discipline, and promotion of administrative law judges employed
by the office.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 85, Sec. 6, eff. Sept.
1, 1999.
Sec. 2003.0451. TRAINING. (a) The office shall provide at
least 30 hours of continuing legal education and judicial
training to each new administrative law judge employed by the
office who has less than three years of presiding experience. The
office shall provide the training required by this subsection
during the administrative law judge's first year of employment
with the office. The office may provide the training through
office personnel or through external sources, including state and
local bar associations, the Texas Center for the Judiciary, and
the National Judicial College. The training may include the
following areas:
(1) conducting fair and impartial hearings;
(2) ethics;
(3) evidence;
(4) civil trial litigation;
(5) administrative law;
(6) managing complex litigation;
(7) conducting high-volume proceedings;
(8) judicial writing;
(9) effective case-flow management;
(10) alternative dispute resolution methods; and
(11) other areas that the office considers to be relevant to the
work of an administrative law judge.
(b) The office shall provide continuing legal education and
advanced judicial training for other administrative law judges
employed by the office to the extent that money is available for
this purpose.
(c) Subsection (a) does not apply to a temporary administrative
law judge.
Added by Acts 1997, 75th Leg., ch. 371, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 85, Sec. 7, eff. Sept.
1, 1999.
Sec. 2003.046. CENTRAL HEARINGS PANEL. (a) A central hearings
panel in the office is composed of administrative law judges and
senior or master administrative law judges assigned to the panel
by the chief administrative law judge.
(b) The chief administrative law judge may create teams or
divisions within the central panel, including an administrative
license revocation division, according to the subject matter or
types of hearings conducted by the central panel.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 85, Sec. 8, eff. Sept.
1, 1999.
Sec. 2003.047. NATURAL RESOURCE CONSERVATION DIVISION. (a) The
office shall establish a natural resource conservation division
to perform the contested case hearings for the Texas Natural
Resource Conservation Commission.
(b) The division shall conduct hearings relating to contested
cases before the commission, other than a hearing conducted by
one or more commissioners. The commission by rule may delegate to
the division the responsibility to hear any other matter before
the commission if consistent with the responsibilities of the
division.
(c) Only an administrative law judge in the division may conduct
a hearing on behalf of the commission. An administrative law
judge in the division may conduct hearings for other state
agencies as time allows. The office may transfer an
administrative law judge to the division on a permanent or
temporary basis and may contract with qualified individuals to
serve as temporary administrative law judges as necessary.
(d) To be eligible to preside at a hearing on behalf of the
commission, an administrative law judge, regardless of temporary
or permanent status, must be licensed to practice law in this
state and have the expertise necessary to conduct hearings
regarding technical or other specialized subjects that may come
before the commission.
(e) In referring a matter for hearing, the commission shall
provide to the administrative law judge a list of disputed
issues. The commission shall specify the date by which the
administrative law judge is expected to complete the proceeding
and provide a proposal for decision to the commission. The
administrative law judge may extend the proceeding if the
administrative law judge determines that failure to grant an
extension would deprive a party of due process or another
constitutional right. The administrative law judge shall
establish a docket control order designed to complete the
proceeding by the date specified by the commission.
(f) Except as otherwise provided by this subsection, the scope
of the hearing is limited to the issues referred by the
commission. On the request of a party, the administrative law
judge may consider an issue that was not referred by the
commission if the administrative law judge determines that:
(1) the issue is material;
(2) the issue is supported by evidence; and
(3) there are good reasons for the failure to supply available
information regarding the issue during the public comment period.
(g) The scope of permissible discovery is limited to:
(1) any matter reasonably calculated to lead to the discovery of
admissible evidence regarding any issue referred to the
administrative law judge by the commission or that the
administrative law judge has agreed to consider; and
(2) the production of documents:
(A) reviewed or relied on in preparing application materials or
selecting the site of the proposed facility; or
(B) relating to the ownership of the applicant or the owner or
operator of the facility or proposed facility.
(h) The commission by rule shall:
(1) provide for subpoenas and commissions for depositions; and
(2) require that discovery be conducted in accordance with the
Texas Rules of Civil Procedure, except that the commission by
rule shall determine the level of discovery under Rule 190, Texas
Rules of Civil Procedure, appropriate for each type of case
considered by the commission, taking into account the nature and
complexity of the case.
(i) The office and the commission jointly shall adopt rules
providing for certification to the commission of an issue that
involves an ultimate finding of compliance with or satisfaction
of a statutory standard the determination of which is committed
to the discretion or judgment of the commission by law. The rules
must address, at a minimum, the issues that are appropriate for
certification and the procedure to be used in certifying the
issue. Each agency shall publish the jointly adopted rules.
(j) An administrative law judge hearing a case on behalf of the
commission, on the judge's own motion or on motion of a party and
after notice and an opportunity for a hearing, may impose
appropriate sanctions as provided by Subsection (k) against a
party or its representative for:
(1) filing a motion or pleading that is groundless and brought:
(A) in bad faith;
(B) for the purpose of harassment; or
(C) for any other improper purpose, such as to cause unnecessary
delay or needless increase in the cost of the proceeding;
(2) abuse of the discovery process in seeking, making, or
resisting discovery; or
(3) failure to obey an order of the administrative law judge or
the commission.
(k) A sanction imposed under Subsection (j) may include, as
appropriate and justified, issuance of an order:
(1) disallowing further discovery of any kind or of a particular
kind by the offending party;
(2) charging all or any part of the expenses of discovery
against the offending party or its representatives;
(3) holding that designated facts be considered admitted for
purposes of the proceeding;
(4) refusing to allow the offending party to support or oppose a
designated claim or defense or prohibiting the party from
introducing designated matters in evidence;
(5) disallowing in whole or in part requests for relief by the
offending party and excluding evidence in support of those
requests; and
(6) striking pleadings or testimony, or both, in whole or in
part.
(l) After hearing evidence and receiving legal argument, an
administrative law judge shall make findings of fact, conclusions
of law, and any ultimate findings required by statute, all of
which shall be separately stated. The administrative law judge
shall make a proposal for decision to the commission and shall
serve the proposal for decision on all parties. An opportunity
shall be given to each party to file exceptions to the proposal
for decision and briefs related to the issues addressed in the
proposal for decision. The commission shall consider and act on
the proposal for decision.
(m) Except as provided in Section 361.0832, Health and Safety
Code, the commission shall consider the proposal for decision
prepared by the administrative law judge, the exceptions of the
parties, and the briefs and argument of the parties. The
commission may amend the proposal for decision, including any
finding of fact, but any such amendment thereto and order shall
be based solely on the record made before the administrative law
judge. Any such amendment by the commission shall be accompanied
by an explanation of the basis of the amendment. The commission
may also refer the matter back to the administrative law judge to
reconsider any findings and conclusions set forth in the proposal
for decision or take additional evidence or to make additional
findings of fact or conclusions of law. The commission shall
serve a copy of the commission's order, including its finding of
facts and conclusions of law, on each party.
(n) The provisions of Chapter 2001 shall apply to contested case
hearings for the commission to the extent not inconsistent with
this section.
(o) An administrative law judge hearing a case on behalf of the
commission may not, without the agreement of all parties, issue
an order referring the case to an alternative dispute resolution
procedure if the commission has already conducted an unsuccessful
alternative dispute resolution procedure. If the commission has
not already conducted an alternative dispute resolution
procedure, the administrative law judge shall consider the
commission's recommendation in determining whether to issue an
order referring the case to the procedure.
Added by Acts 1995, 74th Leg., ch. 106, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 934, Sec. 5, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1350, Sec. 6, eff. Sept.
1, 1999.
Sec. 2003.048. NATURAL RESOURCE CONSERVATION COMMISSION HEARINGS
FEE. The office shall charge the Texas Natural Resource
Conservation Commission a fixed annual fee rather than an hourly
rate for services rendered by the office to the commission. The
amount of the fee may not be less than the amount appropriated to
the Texas Natural Resource Conservation Commission in the General
Appropriations Act for payment to the natural resource
conservation division to conduct commission hearings. The amount
of the fee shall be based on the costs of conducting the
hearings, the costs of travel expenses and telephone charges
directly related to the hearings, docketing costs, and other
applicable administrative costs of the office including the
administrative costs of the natural resource conservation
division. The office and the Texas Natural Resource Conservation
Commission shall negotiate the amount of the fixed fee
biennially, subject to the approval of the governor, to coincide
with the commission's legislative appropriations request.
Added by Acts 1995, 74th Leg., ch. 106, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 85, Sec. 9, eff. Sept.
1, 2000.
Sec. 2003.049. UTILITY DIVISION. (a) The office shall
establish a utility division to perform the contested case
hearings for the Public Utility Commission of Texas as prescribed
by the Public Utility Regulatory Act of 1995 and other applicable
law.
(b) The utility division shall conduct hearings relating to
contested cases before the commission, other than a hearing
conducted by one or more commissioners. The commission by rule
may delegate the responsibility to hear any other matter before
the commission if consistent with the duties and responsibilities
of the division.
(c) Only an administrative law judge in the utility division may
conduct a hearing on behalf of the commission. An administrative
law judge in the utility division may conduct hearings for other
state agencies as time allows. The office may transfer an
administrative law judge into the division on a temporary or
permanent basis and may contract with qualified individuals to
serve as temporary administrative law judges as necessary.
(d) To be eligible to preside at a hearing, an administrative
law judge, regardless of temporary or permanent status, must be
licensed to practice law in this state and have not less than
five years of general experience or three years of experience in
utility regulatory law.
(e) At the time the office receives jurisdiction of a
proceeding, the commission shall provide to the administrative
law judge a list of issues or areas that must be addressed. In
addition, the commission may identify and provide to the
administrative law judge at any time additional issues or areas
that must be addressed.
(f) The office and the commission shall jointly adopt rules
providing for certification to the commission of an issue that
involves an ultimate finding of compliance with or satisfaction
of a statutory standard the determination of which is committed
to the discretion or judgment of the commission by law. The rules
must address, at a minimum, the issues that are appropriate for
certification and the procedure to be used in certifying the
issue. Each agency shall publish the jointly adopted rules.
(g) Notwithstanding Section 2001.058, the commission may change
a finding of fact or conclusion of law made by the administrative
law judge or vacate or modify an order issued by the
administrative law judge only if the commission:
(1) determines that the administrative law judge:
(A) did not properly apply or interpret applicable law,
commission rules or policies, or prior administrative decisions;
or
(B) issued a finding of fact that is not supported by a
preponderance of the evidence; or
(2) determines that a commission policy or a prior
administrative decision on which the administrative law judge
relied is incorrect or should be changed.
(h) The commission shall state in writing the specific reason
and legal basis for its determination under Subsection (g).
(i) An administrative law judge, on the judge's own motion or on
motion of a party and after notice and an opportunity for a
hearing, may impose appropriate sanctions as provided by
Subsection (j) against a party or its representative for:
(1) filing a motion or pleading that is groundless and brought:
(A) in bad faith;
(B) for the purpose of harassment; or
(C) for any other improper purpose, such as to cause unnecessary
delay or needless increase in the cost of the proceeding;
(2) abuse of the discovery process in seeking, making, or
resisting discovery; or
(3) failure to obey an order of the administrative law judge or
the commission.
(j) A sanction imposed under Subsection (i) may include, as
appropriate and justified, issuance of an order:
(1) disallowing further discovery of any kind or of a particular
kind by the offending party;
(2) charging all or any part of the expenses of discovery
against the offending party or its representative;
(3) holding that designated facts be deemed admitted for
purposes of the proceeding;
(4) refusing to allow the offending party to support or oppose a
designated claim or defense or prohibiting the party from
introducing designated matters in evidence;
(5) disallowing in whole or in part requests for relief by the
offending party and excluding evidence in support of such
requests;
(6) punishing the offending party or its representative for
contempt to the same extent as a district court;
(7) requiring the offending party or its representative to pay,
at the time ordered by the administrative law judge, the
reasonable expenses, including attorney's fees, incurred by other
parties because of the sanctionable behavior; and
(8) striking pleadings or testimony, or both, in whole or in
part, or staying further proceedings until the order is obeyed.
(k) Hearings conducted for the commission by the office shall be
held in hearing rooms provided by the commission. The commission
shall also provide the utility division access to its computer
systems, databases, and library resources.
(l) The office shall charge the commission a fixed annual fee
rather than an hourly rate for services rendered by the utility
division to the commission. The amount of the fee may not be less
than the amount appropriated to the commission in the General
Appropriations Act for payment to the utility division to conduct
commission hearings. The amount of the fee shall be based on the
costs of conducting the hearings, the costs of travel expenses
and telephone charges directly related to the hearings, docketing
costs, and other applicable administrative costs of the office
including the administrative costs of the utility division. The
office and the commission shall negotiate the amount of the fixed
fee biennially, subject to the approval of the governor, to
coincide with the commission's legislative appropriations
request.
Added by Acts 1995, 74th Leg., ch. 765, Sec. 1.35, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2003.047 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(49), eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 85, Sec. 10, eff. Sept. 1, 2000.
Sec. 2003.050. PROCEDURAL RULES. (a) The chief administrative
law judge shall adopt rules that govern the procedures, including
the discovery procedures, that relate to a hearing conducted by
the office.
(b) Notwithstanding other law, the procedural rules of the state
agency on behalf of which the hearing is conducted govern
procedural matters that relate to the hearing only to the extent
that the chief administrative law judge's rules adopt the
agency's procedural rules by reference.
(c) The rules of the office regarding the participation of a
witness by telephone must include procedures to verify the
identity of the witness who is to appear by telephone.
Added by Acts 1997, 75th Leg., ch. 605, Sec. 3, eff. Jan. 1,
1998. Amended by Acts 2003, 78th Leg., ch. 1215, Sec. 8, eff.
Sept. 1, 2003.
Sec. 2003.051. ROLE OF REFERRING AGENCY. Except in connection
with interim appeals of orders or questions certified to an
agency by an administrative law judge, as permitted by law, a
state agency that has referred a matter to the office in which
the office will conduct a hearing may not take any adjudicative
action relating to the matter until the office has issued its
proposal for decision or otherwise concluded its involvement in
the matter. The state agency may exercise its advocacy rights in
the matter before the office in the same manner as any other
party.
Added by Acts 1999, 76th Leg., ch. 85, Sec. 11, eff. Sept. 1,
1999.
Sec. 2003.052. HANDLING OF COMPLAINTS. (a) The office shall
maintain a file on each written complaint filed with the office.
The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the office;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
office closed the file without taking action other than to
investigate the complaint.
(b) The office shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the office's policies and procedures relating to complaint
investigation and resolution.
(c) The office, at least quarterly until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of
the investigation unless the notice would jeopardize an
undercover investigation.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1,
2003.
Sec. 2003.053. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
chief administrative law judge or the chief administrative law
judge's designee shall prepare and maintain a written policy
statement that implements a program of equal employment
opportunity to ensure that all personnel decisions are made
without regard to race, color, disability, sex, religion, age, or
national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the office to avoid the
unlawful employment practices described by Chapter 21, Labor
Code; and
(2) an analysis of the extent to which the composition of the
office's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the state Commission on Human Rights for
compliance with Subsection (b)(1); and
(3) be filed with the governor's office.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1,
2003.
Sec. 2003.055. EFFECTIVE USE OF TECHNOLOGY. The chief
administrative law judge shall develop and implement a policy
requiring the chief administrative law judge and office employees
to research and propose appropriate technological solutions to
improve the office's ability to perform its functions. The
technological solutions must:
(1) ensure that the public is able to easily find information
about the office on the Internet;
(2) ensure that persons who want to use the office's services
are able to:
(A) interact with the office through the Internet; and
(B) access any service that can be provided effectively through
the Internet; and
(3) be cost-effective and developed through the office's
planning processes.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1,
2003.
Sec. 2003.056. ALTERNATIVE DISPUTE RESOLUTION POLICY. The chief
administrative law judge shall develop and implement a policy to
encourage the use of alternative dispute resolution procedures
where appropriate to assist in the internal and external
resolution of disputes within the office's jurisdiction.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 9, eff. Sept. 1,
2003.
Sec. 2003.057. HEARING TRANSLATOR. If a translator is requested
for all or part of a hearing conducted by the office, the office
shall provide an appropriate translator for that purpose.
Added by Acts 2003, 78th Leg., ch. 1215, Sec. 10, eff. Sept. 1,
2003.
SUBCHAPTER D. TAX DIVISION
Sec. 2003.101. TAX DIVISION. (a) The office shall establish a
tax division to conduct hearings relating to contested cases
involving the collection, receipt, administration, and
enforcement of taxes, fees, and other amounts as prescribed by
Section 111.00455, Tax Code.
(b) An administrative law judge in the tax division is
classified as a "master administrative law judge II." Section
2003.0411 does not apply to this section.
(c) If there are no cases in the tax division, and subject to
the prior approval of the comptroller, an administrative law
judge in the tax division may conduct hearings for other state
agencies. Before conducting a hearing for another state agency
under this subsection, the tax division must notify the
comptroller in writing. The notification must describe the case
that will be heard and the administrative law judge who will
conduct the hearing and must estimate the amount of time that the
judge will spend on the case. The office shall reimburse the
comptroller at an appropriate hourly rate for the time spent by
the administrative law judge on the case. The comptroller may
revoke approval to conduct hearings for other state agencies
under this subsection at any time.
(d) To be eligible to preside at a tax division hearing, an
administrative law judge, including a temporary administrative
law judge contracted with under Section 2003.043, must:
(1) be a United States citizen;
(2) be an attorney in good standing with the State Bar of Texas;
(3) have been licensed in this state to practice law for at
least seven years;
(4) have substantial experience in tax cases in making the
record suitable for administrative review or otherwise; and
(5) have devoted at least 75 percent of the person's legal
practice to Texas state tax law in at least five of the past 10
years before the date on which the person begins employment in
the tax division.
(e) Notwithstanding Section 2001.058, the comptroller may change
a finding of fact or conclusion of law made by the administrative
law judge or vacate or modify an order issued by the
administrative law judge only if the comptroller:
(1) determines that the administrative law judge:
(A) did not properly apply or interpret applicable law, then
existing comptroller rules or policies, or prior administrative
decisions; or
(B) issued a finding of fact that is not supported by a
preponderance of the evidence; or
(2) determines that a comptroller policy or a prior
administrative decision on which the administrative law judge
relied is incorrect.
(f) The comptroller shall state in writing the specific reason
and legal basis for a determination under Subsection (e).
(g) An administrative law judge, on the judge's own motion or on
motion of a party and after notice and an opportunity for a
hearing, may impose appropriate sanctions as provided by
Subsection (h) against a party or its representative for:
(1) filing of a motion or pleading that is groundless and
brought:
(A) in bad faith;
(B) for the purpose of harassment; or
(C) for any other improper purpose, such as to cause unnecessary
delay or needless increase in the cost of the proceeding;
(2) abuse of the discovery process in seeking, making, or
resisting discovery; or
(3) failure to obey an order of the administrative law judge or
the comptroller.
(h) A sanction imposed under Subsection (g) may include, as
appropriate and justified, issuance of an order:
(1) disallowing further discovery of any kind or of a particular
kind by the offending party;
(2) holding that designated facts be deemed admitted for
purposes of the proceeding;
(3) refusing to allow the offending party to support or oppose a
designated claim or defense or prohibiting the party from
introducing designated matters in evidence;
(4) disallowing in whole or in part requests for relief by the
offending party and excluding evidence in support of such
requests; and
(5) striking pleadings or testimony, or both, wholly or partly,
or staying further proceedings until the order is obeyed.
(i) For each hearing conducted under this section, an
administrative law judge in the tax division shall issue a
proposal for decision that includes findings of fact and
conclusions of law. In addition, the proposal for decision must
include the legal reasoning and other analysis considered by the
judge in reaching the decision. Each finding of fact or
conclusion of law made by the judge must be:
(1) independent and impartial; and
(2) based on state law and the evidence presented at the
hearing.
(j) The comptroller may not attempt to influence the findings of
fact or the administrative law judge's application of the law
except by evidence and legal argument. An administrative law
judge conducting a hearing under this subchapter may not directly
or indirectly communicate in connection with an issue of fact or
law with a party or its representative, except:
(1) on notice and opportunity for each party to participate; or
(2) to ask questions that involve ministerial, administrative,
or procedural matters that do not address the substance of the
issues or positions taken in the case.
(k) Appearances in hearings conducted for the comptroller by the
office may be by:
(1) the taxpayer;
(2) an attorney licensed to practice law in this state;
(3) a certified public accountant; or
(4) any other person designated by the taxpayer who is not
otherwise prohibited from appearing in the hearing.
(l) The comptroller is represented by an authorized
representative in all hearings conducted for the comptroller by
the office.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.102. SUNSET PROVISION. (a) The tax division is
subject to Chapter 325 (Texas Sunset Act).
(b) The Sunset Advisory Commission shall evaluate the tax
division and present to the 83rd Legislature a report on that
evaluation and the commission's recommendations in relation to
the tax division.
(c) During the regular legislative session at which the
commission presents its report and recommendations, the
legislature by law may continue the tax division as provided by
that chapter. If the tax division is not continued in existence
as provided by that chapter, the tax division is abolished and
this subchapter and Section 111.00455, Tax Code, expire on
September 1 of the odd-numbered year in which the regular
legislative session occurred.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 2.06, eff. July 10, 2009.
Sec. 2003.103. TIMELINESS OF HEARINGS. (a) The tax division
shall conduct all hearings under this subchapter in a timely
manner.
(b) The tax division shall use every reasonable means to
expedite a case under this subchapter when the comptroller
requests that the division expedite the case.
(c) This section is not intended to impair the independence of
the office in conducting a hearing under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.104. CONFIDENTIALITY OF TAX DIVISION INFORMATION. (a)
The office shall keep information that identifies a taxpayer who
participates in a case under this subchapter confidential,
including the taxpayer's name and social security number.
(b) The provision of information to the office that is
confidential under any law, including Section 111.006, 151.027,
or 171.206, Tax Code, does not affect the confidentiality of the
information, and the office shall maintain that confidentiality.
(c) A hearing conducted under this subchapter is confidential
and not open to the public.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.105. TAX DIVISION HEARINGS FEE. The office shall
charge the comptroller a fixed annual fee rather than an hourly
rate for services rendered by the office to the comptroller. The
office and the comptroller shall negotiate the amount of the
fixed fee biennially to coincide with the comptroller's
legislative appropriations request.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.106. COMPTROLLER'S PRIORITIES AND PUBLIC POLICY NEEDS.
(a) The comptroller shall provide input to the office to assist
the office regarding the comptroller's priorities and public
policy needs.
(b) This section is intended to assist the office in providing
efficient service under this subchapter and is not intended to
impair the independence of the office in conducting a hearing
under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.107. TAX DIVISION REVIEW. On request of the
comptroller, the office shall provide the comptroller the
following regarding the tax division:
(1) a list of the administrative law judges, including temporary
administrative law judges, who have heard cases in the division
in the past year;
(2) the qualifications of the judges; and
(3) any other information considered necessary by the
comptroller in evaluating the performance of the judges hearing
cases in the tax division.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.108. REPORTS. (a) The office shall provide the
comptroller a monthly status report that lists pending cases and
provides information on any case that exceeds the comptroller's
time lines for issuing a proposal for decision or an agreed
order.
(b) At least quarterly, the office shall review with the
comptroller and appropriate staff of the office the status of
pending cases under this subchapter.
(c) The office shall provide a quarterly report to the
comptroller on services performed by the office for the
comptroller under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
Sec. 2003.109. RULES; EARLY REFERRAL. (a) The comptroller may
adopt rules to provide for the referral to the tax division of
issues related to a case described by Section 111.00455, Tax
Code, to resolve a procedural or other preliminary dispute
between the comptroller and a party.
(b) After a referral under this section, the tax division shall
docket the case and assign an administrative law judge under
Section 2003.101. If additional proceedings are required after
the consideration of the procedural or other preliminary dispute,
the tax division shall appoint the same administrative law judge
to hear the case.
Added by Acts 2007, 80th Leg., R.S., Ch.
354, Sec. 3, eff. June 15, 2007.
SUBCHAPTER Z. PILOT PROGRAM: APPEALS FROM APPRAISAL REVIEW BOARD
DETERMINATIONS IN CERTAIN COUNTIES
For expiration of this subchapter, see Section 2003.916.
Sec. 2003.901. PILOT PROGRAM. (a) Not later than January 1,
2010, the office shall develop a pilot program under which, as an
alternative to filing an appeal under Section 42.01, Tax Code, a
property owner may appeal to the office an appraisal review board
order determining a protest concerning the appraised or market
value of property brought under Section 41.41(a)(1) or (2), Tax
Code, if the appraised or market value, as applicable, of the
property that was the subject of the protest, as determined by
the board order, is more than $1 million.
(b) The pilot program shall be developed and implemented in
conformance with the provisions of this subchapter.
(c) So as to expeditiously determine the appeals filed with the
office using resources available to the office, the office is not
required to determine more than 3,000 appeals filed under this
subchapter. The office may develop a formula to establish the
number of appeals that may be filed in each county included in
the pilot program based on the total number of lawsuits filed in
a county to which this subchapter applies as a percentage of the
total number of lawsuits filed in all of those counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
1180, Sec. 1, eff. January 1, 2010.
Sec. 2003.902. COUNTIES INCLUDED. The pilot program shall be
implemented in Bexar, Cameron, El Paso, Harris, Tarrant, and
Travis Counties for a three-year period beginning with the ad
valorem tax year that begins January 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch.
1180, Sec. 1, eff. January 1, 2010.
Sec. 2003.903. RULES. (a) The office has rulemaking authority
to implement this subchapter.
(b) The office has specific rulemaking authority to implement
those rules necessary to expeditiously determine appeals to the
office, based on the number of appeals filed and the resources
available to the office.
(c) The office may adopt rules that include the procedural
provisions of Chapter 41, Tax Code, applicable to a hearing
before an appraisal review board.
Added by Acts 2009, 81st Leg., R.S., Ch.
1180, Sec. 1, eff. January 1, 2010.
Sec. 2003.904. APPLICABILITY TO REAL AND PERSONAL PROPERTY. The
pilot program must be applicable to a determination of the
appraised or market value made by an appraisal review board in
connection with real or personal property, other than industrial
property or minerals.
Added by Acts 2009, 81st Leg., R.S., Ch.
1180, Sec. 1, eff. January 1, 2010.
Sec. 2003.905. EDUCATION AND TRAINING OF ADMINISTRATIVE LAW
JUDGES. (a) An administrative law judge assigned to hear an
appeal brought under this subchapter must have knowledge of:
(1) each of the appraisal methods a chief appraiser may use to
determine the appraised value or the market value of property
under Chapter 23, Tax Code; and
(2) the proper method for determining an appeal of a protest,
including a protest brought on the ground of unequal appraisal.
(b) An administrative law judge is entitled to attend one or
more training and education courses under Sections 5.04 and
5.041, Tax Code, to receive a copy of the materials used in a
course, or both, without charge.
Added by Acts 2009, 81st Leg., R.S., Ch.
1180, Sec. 1, eff. January 1, 2010.
Sec. 2003.906. NOTICE OF APPEAL TO OFFICE. (a) To appeal an
appraisal review board order to the office under this subchapter,
a property owner must file with the chief appraiser of the
appraisal district not later than the 30th day after the date the
property owner receives notice of the order:
(1) a completed notice of appeal to the office in the form
prescribed by Secti