Part 3. TEXAS ALCOHOLIC BEVERAGE COMMISSION
Subchapter A. RULES OF PRACTICE
The Texas Alcoholic Beverage Commission adopts the repeal of §37.2, relating to the rules governing contested cases before county courts; §37.3, relating to the service of pleadings and notice of hearing; §37.4, relating to notice of hearing; and adopts new §37.2, relating to procedure in contested cases, without changes to the proposal as published in the November 16, 2007, issue of the Texas Register (32 TexReg 8245). The rules will not be republished.
Texas Government Code, §2001.039, requires that each state agency review and consider for readoption every four years each rule adopted by the agency under Texas Government Code, Chapter 2001. Sections 37.2 - 37.4 have been reviewed, and the commission has determined that they can be simplified because the same rules and procedures apply to contested cases before county courts and the State Office of Administrative Hearings. New §37.2 replaces the repealed sections and adopts the provisions of Texas Government Code, Chapter 2001, and the rules adopted by the State Office of Administrative Hearings for all contested cases for which notice and hearing are required.
The commission received no comments regarding the proposal during the comment period.
The repeal of the existing rule is authorized by §§5.31, 5.43, and 11.65 of the Alcoholic Beverage Code (Code). Section 5.31 gives the commission authority to prescribe and publish rules necessary to carry out the provisions of Code. Section 5.43 provides the commission with authority to prescribe rules of procedure for cases not heard by the State Office of Administrative Hearings. Section 11.65 adopts the provisions of Texas Government Code, Chapter 2001, and the rules of procedure adopted by the State Office of Administrative Hearings.
Cross Reference: Sections 5.31, 5.43, and 11.65 of the Alcoholic Beverage Code are affected by the repeal.
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 March 6, 2008.
TRD-200801335
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: March 26, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204
The adoption of the new rule is authorized by §§5.31, 5.43, and 11.65 of the Alcoholic Beverage Code (Code). Section 5.31 gives the commission authority to prescribe and publish rules necessary to carry out the provisions of Code. Section 5.43 provides the commission with authority to prescribe rules of procedure for cases not heard by the State Office of Administrative Hearings. Section 11.65 adopts the provisions of Texas Government Code, Chapter 2001, and the rules of procedure adopted by the State Office of Administrative Hearings.
Cross Reference: Sections 5.31, 5.43, and 11.65 of the Alcoholic Beverage Code are affected by the new rule.
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 March 6, 2008.
TRD-200801334
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: March 26, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204
The repeal of the existing rule is authorized by §§5.31, 5.43, and 11.65 of the Alcoholic Beverage Code (Code). Section 5.31 gives the commission authority to prescribe and publish rules necessary to carry out the provisions of Code. Section 5.43 provides the commission with authority to prescribe rules of procedure for cases not heard by the State Office of Administrative Hearings. Section 11.65 adopts the provisions of Texas Government Code, Chapter 2001, and the rules of procedure adopted by the State Office of Administrative Hearings.
Cross Reference: Sections 5.31, 5.43, and 11.65 of the Alcoholic Beverage Code are affected by the repeal.
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 March 6, 2008.
TRD-200801336
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: March 26, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204
The repeal of the existing rule is authorized by §§5.31, 5.43, and 11.65 of the Alcoholic Beverage Code (Code). Section 5.31 gives the commission authority to prescribe and publish rules necessary to carry out the provisions of Code. Section 5.43 provides the commission with authority to prescribe rules of procedure for cases not heard by the State Office of Administrative Hearings. Section 11.65 adopts the provisions of Texas Government Code, Chapter 2001, and the rules of procedure adopted by the State Office of Administrative Hearings.
Cross Reference: Sections 5.31, 5.43, and 11.65 of the Alcoholic Beverage Code are affected by the repeal.
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 March 6, 2008.
TRD-200801337
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Effective date: March 26, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 206-3204