Texas Regulations 149.10

• Repealed 06/09/05.
• Repealed 06/09/05.

(a) SOAH shall maintain the official record in a contested case from the time the commission refers the case to SOAH until the conclusion of the administrative hearing process. The commission may also maintain a copy of the record. The conclusion of the administrative hearing process occurs when:

(1) there is the entry of a final order by an ALJ;

(2) the ALJ enters an order to withdraw or dismiss a case from the SOAH docket either by the granting of a party's motion or on the ALJ's own motion; or

(3) the ALJ sends the proposal for decision to the commission.

(b) Prior to the conclusion of the administrative hearing process, any request for a copy of the record may be directed either to SOAH or the commission. Requests for official copies shall be directed to SOAH as the official custodian authorized to certify as to the completeness of the record before the conclusion of the administrative hearing process. SOAH shall consider the confidentiality provisions of the Act, §§ 402.081 - 402.091 and other applicable laws before denying release or releasing the requested information within the procedures specified in § 149.6 of this title (relating to Confidentiality of Records).

(c) After the conclusion of the administrative hearing process, the official custodian of the record shall be the commission. SOAH shall deliver the official record, including the hearing audiotape, to the TWCC Chief Clerk along with a certified statement that the documents delivered constitute the complete record in the case. Any request for a copy or transcript of the record shall then be directed to the commission. The commission shall have the authority to certify as to the completeness of the record.

The provisions of this §149.10 adopted to be effective June 9, 2005 30 TexReg 3250