This section gives the department and commissioner control over certain SOAH hearings and requires the department to set procedure rules for cases not heard by SOAH.
Sec. 12.032. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) Repealed by Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 7(1), eff. September 1, 2025. (b) For a hearing conducted by the State Office of Administrative Hearings under this code, the department and the commissioner retain the authority to decide whether the administrative law judge conducting the hearing for the State Office of Administrative Hearings shall: (1) enter the final decision in the case after completion of the hearing; or (2) propose a decision to the department or the commissioner for final consideration. (c) Any provision of this code that provides that the department or the commissioner take an action at a hearing means: (1) that the department or the commissioner shall take the action after the receipt of a proposal for decision from the State Office of Administrative Hearings regarding the hearing conducted by that office; or (2) if so directed by the department or the commissioner, the State Office of Administrative Hearings shall enter the final decision in the case after completion of the hearing. (d) The department shall prescribe rules of procedure for any cases not heard by the State Office of Administrative Hearings. (e) Repealed by Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 7(1), eff. September 1, 2025. (f) This section does not apply to hearings held under Chapter 103. Added by Acts 1995, 74th Leg., ch. 419, Sec. 3.01, eff. Sept. 1, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 7(1), eff. September 1, 2025.