Texas Administrative Code
Title 1 - ADMINISTRATION
Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 155 - RULES OF PROCEDURE
Subchapter I - HEARINGS AND PREHEARINGS
Section 155.419 - Consideration of Policy Not Incorporated in Referring Agency's Rules
Universal Citation: 1 TX Admin Code ยง 155.419
Current through Reg. 49, No. 38; September 20, 2024
(a) Agency policy. A party relying on a specific, written agency policy not incorporated in a rule has the burden of authenticating the policy and showing it to be applicable to a factual or legal issue in the case.
(b) Judge's consideration of agency policy. In resolving contested issues, the judge shall consider any applicable agency policy not incorporated in the agency's rules that is written and supported by the evidence. The judge's decision or recommendation on whether to apply an agency's policy will depend upon the nature and context of the policy, any request to apply it, and other factors such as:
(1) the extent to which the parties
were given notice of the policy, including whether:
(A) the policy was made available through a
generally accessible internet site as provided in Tex. Gov't Code §
RSA
2001.007(a);
(B) the parties had adequate opportunity to
address it in the presentation of their cases and arguments; and
(C) a party opposes application of the policy
in the case;
(2) the
specificity of the policy statement and the relative certainty of its
applicability to the case;
(3) the
stability and duration of the policy, as illustrated by the type of process
that led to its adoption (including whether it was published in the
Texas Register), the frequency and consistency with which it
has been previously applied, and the level of formality of the process required
for the agency to amend it;
(4) the
highest level within the agency at which the policy has been adopted or
ratified;
(5) whether the policy is
a substantive principle coming within the agency's subject matter expertise and
jurisdiction or pertains more to contested case procedure and practice;
and
(6) whether application of the
policy would violate applicable constitutional or statutory provisions or would
be inconsistent with the agency's rules or applicable decisions by Texas
courts.
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