Texas Administrative Code
Title 28 - INSURANCE
Part 2 - TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
Chapter 148 - HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS
Section 148.2 - Scope and Applicability
Universal Citation: 28 TX Admin Code ยง 148.2
Current through Reg. 49, No. 12; March 22, 2024
(a) Scope. This chapter governs contested case hearings, which adjudicate disputes before SOAH as authorized under the Act.
(b) Coordination with SOAH's Procedural Rules. This chapter governs the following procedural matters and also provides related policies of the division on the following:
(1) matters arising before a case
is transferred by the division to SOAH;
(2) matters arising after a proposal for
decision or after the entire case is received from SOAH;
(3) requests for the issuance of a subpoena
and related matters; and
(4)
requests for issuance of a commission requiring deposition and related
matters.
(c) Applicability of the APA.
(1) The entire APA
applies to contested case hearings under Labor Code §§
407.046,
407A.007, 413.031, 413.0312, 413.055, 415.0211, and 415.034.
(2) The sections of the APA enumerated in
Labor Code §
401.021(1)
apply to all other contested case hearings governed by this chapter.
(3) The ALJ renders the final decision in
hearings conducted pursuant to Labor Code §§
413.031,
413.0312,
and
413.055.
(4) The commissioner renders the final
decision in all other cases not specified in paragraph (3) of this subsection
pursuant to Government Code §
2001.062.
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