Tex. Agric. Code Section 12.032
Cooperation with State Office of Administrative Hearings


(a)

The commissioner and the chief administrative law judge of the State Office of Administrative Hearings by rule shall adopt a memorandum of understanding under which the State Office of Administrative Hearings conducts hearings for the department under this code. The memorandum of understanding shall require the chief administrative law judge, the department, and the commissioner to cooperate in connection with the hearings under this code and may authorize the State Office of Administrative Hearings to perform any administrative act, including giving of notice, that is required to be performed by the department or the commissioner under this code. The memorandum of understanding shall also require that hearings under this section be held at a location agreed upon by the State Office of Administrative Hearings and the department.

(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)

The department by interagency contract shall reimburse the State Office of Administrative Hearings for the costs incurred in conducting administrative hearings for the department. The department may pay an hourly fee for the costs of conducting these hearings or a fixed annual fee negotiated biennially by the department and the State Office of Administrative Hearings to coincide with the department’s legislative appropriations request.

(f)

This section does not apply to hearings held under Chapter 103 (Produce Recovery Fund).
Added by Acts 1995, 74th Leg., ch. 419, Sec. 3.01, eff. Sept. 1, 1995.

Source: Section 12.032 — Cooperation with State Office of Administrative Hearings, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­12.­htm#12.­032 (accessed Mar. 16, 2024).

12.001
Execution of Laws
12.002
Development of Agriculture
12.003
Agricultural Societies
12.006
Development of Domestic and Foreign Markets
12.007
Plant Diseases and Pests
12.010
Correspondence with Government Agencies and Others
12.0011
Authority to Enter into Cooperative Agreements
12.011
Agricultural Resource Statistics
12.0012
Notification
12.013
Employees
12.016
Rules
12.018
Testing
12.020
Administrative Penalties
12.021
Fee for Phytosanitation Inspection
12.022
Authority to Solicit and Accept Gifts, Grants, and Donations
12.023
Expiration of Registration or Licenses
12.024
Late Renewal of License or Registration
12.0025
Nutrition Programs
12.025
Program Accessibility Plan
12.0026
Interagency Farm-to-school Coordination Task Force
12.026
Public Interest Information
12.027
Economic Development Program
12.0027
Nutrition Outreach Program
12.0028
Limitation on Sanctions Imposed on School Districts for Sale of Foods of Minimal Nutritional Value
12.028
Competitive Bidding or Advertising
12.0029
Summer Nutrition Programs
12.029
Minority and Female-owned Business Contracts
12.031
Advertising, Publications, and Fees
12.032
Cooperation with State Office of Administrative Hearings
12.033
Multiple Licenses
12.034
Refund or Waiver of Fees
12.035
Notice to Examinee
12.036
Licensing Out-of-state Applicants
12.037
Continuing Education
12.038
Office of Rural Affairs
12.039
Certain Wine Produced or Bottled in This State
12.040
Texas Certified Retirement Community Program
12.041
School Breakfast and Lunch Program
12.042
Home-delivered Meal Grant Program
12.046
Texas Rural Investment Fund
12.047
Use of Technology
12.048
Obtaining Criminal History Record Information
12.050
Trade Agricultural Inspection Grant Program
12.051
Farmer Mental Health and Suicide Prevention Program
12.0135
Conflict Provisions
12.0144
Fee Schedule
12.0145
Submission of Proposed Fee Schedule
12.0176
Cooperation with Certain Commodity Producers Boards
12.0177
Texas Nursery and Floral Account
12.0201
License Sanctions
12.0202
Administrative Hearings
12.0203
Negotiated Rulemaking and Alternative Dispute Resolution
12.0204
Advisory Committees
12.0205
Coordination of Consumer Protection Enforcement with Office of Attorney General
12.0261
Administrative Procedure
12.0271
Rural Economic Development and Investment Program
12.0272
Texas Economic Development Fund
12.0273
Limitations on Loans and Grants from Texas Economic Development Fund
12.02601
Complaints

Accessed:
Mar. 16, 2024

§ 12.032’s source at texas​.gov