The following rule actions were filed with the Texas Register on Thursday, November 20, 2014, for publication in the December 5, 2014, issue:
1. Rule Action – Rules of Procedure for Administrative License Suspension
Adopted Amendment to 1 TAC Chapter 159, Rules of Procedure for Administrative License Suspension Hearings, Subchapter C, Witnesses and Subpoenas, §159.103, Subpoenas
Summary: The amended rule affects the process for compensating subpoenaed witnesses for their appearance at Administrative License Revocation hearings. The adopted amendments will streamline the process for compensating subpoenaed witnesses for their appearance at hearings, will minimize errors related to mailing and transmitting checks to SOAH, and will eliminate filing errors. The amended rule was adopted with changes from what was published as proposed.
Effective Date: December 10, 2014.
Please see http://www.sos.state.tx.us/texreg/pdf/backview/1205/1205adop.pdf to view rules. Unforeseen circumstances may delay publication of the agency rules in the Texas Register. The Rules website will be updated to reflect any changes.
2. Rule Action – Arbitration Procedures for Certain Enforcement Actions of the Department of Aging and Disability Services (DADS) Regarding Assisted Living Facilities
Proposed New 1 TAC Chapter 156, Arbitration Procedures for Certain Enforcement Actions of the Department of Aging and Disability Services (DADS) Regarding Assisted Living Facilities, Subchapter A, General Information -- §§156.1 – 156.5; Subchapter B, Election and Initiation of Arbitration -- §§156.51 – 156.59; Subchapter C, Filing and Service of Documents -- § 156.101; Subchapter D, Selection of Arbitrator and Costs -- §§156.151 – 156.161; Subchapter E, Arbitration Proceedings -- §§156.201 – 156.235; and Subchapter F, Arbitration Order -- §§156.251 – 156.255.
Summary: The new chapter is being proposed pursuant to the 83rd Legislative Session, H.B. 33, which added Health and Safety Code Chapter 247, Subchapter E, which authorizes arbitrations in certain disputes involving the Department of Aging and Disability Services and assisted living facilities.
Public comment period: December 5, 2014 – January 4, 2015
Earliest possible date of adoption: January 4, 2015
Please see http://www.sos.state.tx.us/texreg/pdf/backview/1205/1205prop.pdf to view rules. Unforeseen circumstances may delay publication of the agency rules in the Texas Register. The Rules website will be updated to reflect any changes.
Please contact us if you have any questions. Thank you.
State Office of Administrative Hearings
SOAH's electronic Case Information System is now operational. Please click the “Electronic Case Files” link at the upper right-hand corner of this page for access. As part of this system, SOAH has new fax numbers for all general docket cases. The new numbers are:
512-322-2061 - Austin
512-322-0470 - Corpus Christi
512-322-0471 - Dallas
512-322-0472 - El Paso
512-322-0473 - Fort Worth
512-322-0474 - Houston
512-322-0475 - Lubbock
512-322-0476 - San Antonio
The new numbers should be used for all fax communications relating to any case other than the Department of Public Safety’s Administrative License Revocation (ALR) program. The fax numbers remain unchanged for ALR filings.
Documents containing confidential information or personal identifiers such as social security numbers or drivers’ license numbers should not be filed by fax in general docket cases. See SOAH Procedural Rules 155.101(b) and 155.413.
Click here for SOAH's procedural rules.
The mission of the State Office of Administrative Hearings is to conduct fair, prompt and efficient hearings and alternative dispute resolution (ADR) proceedings and to provide fair, logical and timely decisions.