Tex.
Labor Code Section 402.073
Cooperation with State Office of Administrative Hearings
(a)
The commissioner and the chief administrative law judge of the State Office of Administrative Hearings shall adopt a memorandum of understanding governing administrative procedure law hearings under this subtitle conducted by the State Office of Administrative Hearings in the manner provided for a contested case hearing under Chapter 2001 (Administrative Procedure), Government Code. The memorandum of understanding must address the payment of costs by parties to a medical fee dispute under Section 413.0312 (Review of Medical Fee Disputes; Benefit Review Conference).(b)
In a case in which a hearing is conducted by the State Office of Administrative Hearings under Section 413.031 (Medical Dispute Resolution) or 413.055 (Interlocutory Orders; Reimbursement), the administrative law judge who conducts the hearing for the State Office of Administrative Hearings shall enter the final decision in the case after completion of the hearing.(c)
In a case in which a hearing is conducted in conjunction with Section 402.072, 407.046 (Revocation of Certificate of Authority), 408.023 (List of Approved Doctors; Duties of Treating Doctors), or 415.034 (Hearing Procedures), and in other cases under this subtitle that are not subject to Subsection (b), the administrative law judge who conducts the hearing for the State Office of Administrative Hearings shall propose a decision to the commissioner for final consideration and decision by the commissioner.(d)
The notice of the commissioner’s order must include a statement of the right of the person to judicial review of the order.(e)
In issuing an order under this section, the commissioner shall comply with the requirements applicable to a state agency under Section 2001.058 (Hearing Conducted by State Office of Administrative Hearings), Government Code.
Source:
Section 402.073 — Cooperation with State Office of Administrative Hearings, https://statutes.capitol.texas.gov/Docs/LA/htm/LA.402.htm#402.073 (accessed Jun. 5, 2024).
