28 Tex. Admin. Code § 148.2 · Chapter 148. HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS
Scope and Applicability
Text — rules in effect on 10/05/2026 (the portal's queryAsDate on the official listing links), fetched 2026-10-05T11:00:47Z
(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.
Notes and commentary — not rule text
Source Note
The provisions of this §148.2 adopted to be effective June 9, 2005, 30 TexReg 3237; amended to be effective July 27, 2014, 39 TexReg 5608.
Source of truth
- Edition
- rules in effect on 10/05/2026 (the portal's queryAsDate on the official listing links), fetched 2026-10-05T11:00:47Z
- Official file
- https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168009&queryAsDate=10%2F05%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US
- Text hash
- sha256 b93ea87202bf7ec40b37058ed3e8fc8c4242c9abe07aedc6d39c3d80da45edbb
- Composed by
- compose_tac.py 2026-10-05: the Secretary of State's rule records; verify_tac.py's independent reading agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.