1 TAC §155.157
The State Office of Administrative Hearings (SOAH)
adopts an amendment to Subchapter D, Judges, §155.157, concerning
Sanctioning Authority. Section 155.157 is adopted without changes
to the proposed text as published in the May 8, 2009, issue of the
Texas Register (34 TexReg 2732) and will
not be republished. The amendment is adopted to clarify subsection
(a) paragraph (1). Specifically, SOAH deleted subparagraphs (D) and
(E) of paragraph (1) and inserted the wording deleted from those subparagraphs
into two new paragraphs, (2) and (3), in subsection (a).
The adopted amendment is necessary because in the prior language,
the rule described a separate basis for sanctions instead of describing
an improper motion as intended by paragraph (1).
No comments were received during the 30-day comment period.
The amendment is adopted under Government Code, Chapter
2003, which authorizes the State Office of Administrative Hearings
to conduct contested case hearings, Government Code, Chapter 2001, §2001.004,
which requires agencies to adopt rules of practice setting forth the
nature and requirements of formal and informal procedures, and §2003.050,
which requires SOAH to adopt rules governing the procedures, including
discovery procedures, that relate to a hearing conducted by SOAH.
The adopted amendment affects Government Codes, Chapters 2001 and 2003.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of the Secretary of State on June 18, 2009.
TRD-200902473
Kerry D. Sullivan
General Counsel
State Office of Administrative Hearings
Effective date: July 8, 2009
Proposal publication date: May 8, 2009
For further information, please call: (512) 475-4931