1 TAC §155.45
The State Office of Administrative Hearings (SOAH) adopts
amendments to §155.45 concerning the procedure for requesting participation
by telephone or videoconferencing in hearings before SOAH with changes to
the proposed text. While SOAH does not yet have the ability to videoconference,
reference to videoconferencing has been retained in the rule, so that a process
will be in place when the videoconferencing capability is obtained. The proposed
text was published in the December 29, 2000, issue of the
Texas Register
(25 TexReg 12873).
No comments were received regarding the proposed amendments.
The only changes SOAH made to the proposed language are substitution of
the word "judge" for the acronym "ALJ" in subsections (a), (b), and (d), the
acronym "SOAH" for the word "Office" in subsection (d), and the word "ten"
for the numeral "10" in subsection (e) as part of an ongoing process of simplifying
and making uniform the terminology used in SOAH's rules. The following is
a restatement of the rule's factual basis: The amendments to §155.45
accomplish a number goals derived from SOAH's experience with the current
rule for almost three years. First, they eliminate the four factors movants
must address under the current rule, because the overwhelming majority of
such motions are uncontested, and, therefore, addressing the four factors
is an unnecessary burden on the movants. Second, the amendments eliminate
the sentence following the four factors in the current rule, because it is
redundant. Third, the amendments substitute a requirement that movants state
the reasons for the request, eliminating the stronger "good cause" requirement
in the current rule because it places an unnecessary burden on the movants.
Finally, the amendments provide that uncontested requests will be granted
without the necessity of issuing orders, while preserving the judge's discretion
to deny such requests.
The amended rule is proposed under Government Code, Chapter 2003, §2003.050,
which authorizes the State Office of Administrative Hearings to conduct contested
case hearings and requires adoption of hearings procedural rules, and 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.
The proposed amendments affect Government Code, Chapters 2001 and 2003.
§155.45.Participation by Telephone.
(a)
A party may request to appear by telephone or videoconferencing
or to present the testimony of a witness by such methods, upon timely motion
stating the reason(s) for the request and containing the pertinent telephone
number(s). A timely motion that is unopposed will be deemed granted without
the necessity of an order, unless denied by order of the judge.
(b)
The judge may conduct a prehearing conference by telephone
or videoconferencing upon adequate notice to the parties, even in the absence
of party motion.
(c)
All substantive and procedural rights apply to telephone
and videoconferencing rehearings and hearings, subject only to the limitations
of the physical arrangement.
(d)
Documentary evidence to be offered at a telephone or videoconferencing
prehearing conference or hearing shall be served on all parties and filed
with SOAH at least three days before the prehearing or hearing unless the
judge, by written order, amends the filing deadline.
(e)
For a telephone or videoconferencing hearing or prehearing
conference, the following may be considered a failure to appear and grounds
for default if the conditions exist for more than ten minutes after the scheduled
time for hearing or prehearing conference:
(1)
failure to answer the telephone or videoconference line;
(2)
failure to free the line for the proceeding; or
(3)
failure to be ready to proceed with the hearing or prehearing
conference as scheduled. 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.
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 February 2, 2001.
TRD-200100688
Paul Elliott
Director of Hearings
State Office of Administrative Hearings
Effective date: February 22, 2001
Proposal publication date: December 29, 2000
For further information, please call: (512) 475-4931