Texas Occupations Code 2301.704 – Hearings Examiner; Administrative Law Judge
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(a) Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office of Administrative Hearings.
(a-1) A hearing under § 2301.204 or Subchapter M must be held by a hearings examiner.
Terms Used In Texas Occupations Code 2301.704
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Subpoena: A command to a witness to appear and give testimony.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(b) An administrative law judge and a hearings examiner have all of the board’s power and authority as provided by this chapter to conduct hearings, including the power to:
(1) hold a hearing;
(2) administer an oath;
(3) receive pleadings and evidence;
(4) issue a subpoena to compel the attendance of a witness;
(5) compel the production of papers and documents;
(6) issue an interlocutory order, including a cease and desist order in the nature of a temporary restraining order or a temporary injunction;
(7) make findings of fact and conclusions of law; and
(8) issue a proposal for decision and recommend a final order.
(c) In a contested case hearing under § 2301.204 or Subchapter M, a hearings examiner shall issue a final order.