This section says how certain State Office of Administrative Hearings cases are decided, requires notice of judicial review rights, and requires the commissioner to follow state-agency requirements when issuing orders.
Sec. 402.073. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) Repealed by Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 7(5), eff. September 1, 2025. (b) In a case in which a hearing is conducted by the State Office of Administrative Hearings under Section 413.031 or 413.055, the administrative law judge who conducts the hearing for the State Office of Administrative Hearings shall enter the final decision in the case after completion of the hearing. (c) In a case in which a hearing is conducted in conjunction with Section 407.046, 408.023, or 415.034, and in other cases under this subtitle that are not subject to Subsection (b), the administrative law judge who conducts the hearing for the State Office of Administrative Hearings shall propose a decision to the commissioner for final consideration and decision by the commissioner. (d) The notice of the commissioner's order must include a statement of the right of the person to judicial review of the order. (e) In issuing an order under this section, the commissioner shall comply with the requirements applicable to a state agency under Section 2001.058, Government Code. Added by Acts 1995, 74th Leg., ch. 980, Sec. 1.17, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 955, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 2.017, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1007 (H.B. 724), Sec. 3, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 8, eff. September 1, 2011. Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 4, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 5, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 7(5), eff. September 1, 2025.