State Office of Administrative Hearings
State Office of Administrative Hearings
 

Team Descriptions and Types of Cases Handled

Administrative License Revocation (ALR) and Field Enforcement Team

Agencies Assigned to the ALR and Field Enforcement Team

Types of Hearings Handled by the Administrative License Revocation (ALR) and Field Enforcement Team

Administrative driver's license suspension cases referred by the Department of Public Safety (DPS) under the ALR program. In these cases, a driver has been arrested for driving while intoxicated and has requested a hearing on the proposed suspension by DPS of his driver's license. The hearing determines whether the police officer had reasonable suspicion to stop and probable cause to believe the driver was driving while intoxicated; whether the driver either refused or failed a breath or blood test; and therefore, whether the license can be suspended. The issues are somewhat different for minors and cases involving boating while intoxicated.

Cases regarding children and elderly adults referred by the Department of Family and Protective Services (the Department) which encompasses the former Department of Protective and Regulatory Services.

For example:

Cases referred by the Texas Alcoholic Beverage Commission (TABC).

For example:


Alternative Dispute Resolution (ADR) Team

Types of Proceedings Handled by the Alternative Dispute Resolution (ADR) Team

Mediations in contested case proceedings.

For example:

Original mediations in cases that are not contested cases at SOAH.

For example:

Binding arbitrations in certain nursing home or assisted living enforcement cases brought by the Texas Department of Aging and Disability Services.

Contract claims brought against units of state government under Texas Government Code Chapter 2260.

Management of assignments of non-SOAH mediators and qualified Special Judges to conduct dispute resolution proceedings prescribed by Insurance Code Chapter 1467 for certain consumer health benefit disputes.

Facilitation of negotiated rulemaking for state and contracting agencies and their stakeholders.

Texas Population Served by SOAH ADR Team

The ADR team can provide mediation services or other ADR processes to:


Economic Team

Agencies Assigned to the Economic Team

Types of Hearings Handled by the Economic Team

Appeals regarding benefits sought by state employees, municipal employees, teachers and emergency services personnel.

Examples include:

Disciplinary proceedings against insurance agents.

For example:

Hearings regarding highways.

Examples include:

Hearings relating to motor vehicles.

Examples include:

Child support enforcement cases referred by the Office of the Attorney General’s Child Support Division.

Hearings referred by the Texas Department of Insurance, Division of Workers’ Compensation regarding fee disputes and medical necessity.

Examples include:

Disciplinary proceedings against lottery retailers and bingo operators.

Examples of allegations include:

Enforcement proceedings related to the sale of securities.

Examples of allegations include:

Licensing and enforcement hearings generally.


IDEA Team

The Texas Education Agency (TEA) refers cases to SOAH in which a parent has made a complaint under the federal Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400, et seq.) that a school district has not provided a free appropriate public education to a student with disabilities.


Licensing and Enforcement Team

Agencies Assigned to the Licensing and Enforcement Team

  • Board of Acupuncture Examiners
  • Board of Chiropractic Examiners
  • Board of Dental Examiners
  • Medical Board
  • Board of Medical Radiologic Technology
  • Board of Nursing
  • Optometry Board
  • Board of Pharmacy
  • Executive Council of Physical Therapy & Occupational Therapy Examiners
  • Physician Assistant Board
  • Board of Podiatric Medical Examiners
  • Board of Examiners of Psychologists
  • Board of Respiratory Care
  • Board of Veterinary Medical Examiners
  • Board of Architectural Examiners
  • Board for Educator Certification
  • Board of Professional Engineers
  • Board of Professional Geoscientists
  • Board of Professional Land Surveying
  • Department of Aging and Disability Services
  • Department of State Health Services
  • Health and Human Services Commission
  • Juvenile Justice Department
  • Texas Racing Commission
  • Commission on Fire Protection
  • Department of Licensing and Regulation
  • Funeral Services Commission
  • Board of Plumbing Examiners
  • Texas Education Agency


Types of Hearings Handled by the Licensing and Enforcement Team

Disciplinary proceedings against licensed medical professionals: medical doctors, nurses, dentists, pharmacists, psychologist, podiatrists, physical therapists, physician assistants, optometrists, veterinarians, acupuncturists, chiropractors, and emergency medical technicians.

Examples of allegations include:

Disciplinary proceedings against professional licensees: educators, surveyors, architects, engineers, and geoscientists.

Examples of allegations include:

Disciplinary proceedings against nursing homes, nursing home administrators, medication aides, nurse aides, and home health service providers.

Examples of allegations include:

Disciplinary proceedings against service providers with contracts to provide services for Medicaid recipients.

For example:

Disciplinary proceedings against counselors.

For example:

Disciplinary proceedings against horse and greyhound racing trainers, jockeys, owners, and racetracks.

Examples of allegations include:

Disciplinary proceedings against occupational licensees, including air conditioning and refrigeration contractors; plumbers; electricians; cosmetologists; barbers; auctioneers; career counselors; court interpreters; personnel employment service providers; property tax consultants; funeral directors; transportation service providers; and water well drillers and pump installers.

Examples of allegations include:

Disciplinary proceedings against driver training schools, instructors, and charter schools.

For example:

Disciplinary hearings in the Licensing team’s cases may result in license revocation, suspension, the assessment of administrative penalties, or requirements for remedial action, such as completing additional continuing education or having a peer supervise practice and review records. Application cases may result in license denial, approval, or approval with specified conditions.


Natural Resources Team

Agencies Assigned to the Natural Resources Team

Types of Hearings Handled by the Natural Resources Team

Hearings referred by the Texas Commission on Environmental Quality (TCEQ).

Examples include:

Hearings referred by the Texas Department of Agriculture (TDA).

Examples include:


Tax Team

Agencies Assigned to the Tax Team

Types of Hearings Handled by the Tax Team

SOAH's Tax Team conducts:

Tax cases that are not referred to SOAH for hearing include:


Utilities Team

Agencies Assigned to the Utilities Team

Types of Hearings Handled by the Utilities Team

Some examples: