Texas Regulations 148.2

• Repealed 06/09/05.
• Repealed 06/09/05.

(a) Scope of these rules. Except for benefit disputes, governed by chapters 140, 142, and 143 of this title (relating to Dispute Resolution-General Provisions; Dispute Resolution-Benefit Contested Case Hearing; and Dispute Resolution-Review by the Appeals Panel), these rules govern all contested case hearings to adjudicate disputes before the SOAH arising under the Act.

(b) Coordination with SOAH's Procedural Rules. The procedural rules of the commission govern the following procedural matters and also provide related policies of the commission:

(1) matters arising before a case is transferred by the commission 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 Administrative Procedure Act. The sections of the APA enumerated in the Texas Labor Code, § 401.021(1), apply to the hearings governed by this chapter. In hearings involving those sanctions defined by the Act, §§ 402.072, 407.046, 408.0231, and in other cases not subject to § 402.073(b), the commissioners render the final decision and the provisions of the APA, §2001.062 will be followed.

The provisions of this §148.2 adopted to be effective June 9, 2005 30 TexReg 3237.