Texas Water Code 36.418 – Rules; Contested Case Hearings; Applicability of Administrative Procedure Act
Current as of: 2024 | Check for updates
|
Other versions
(a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority to issue a subpoena, require a deposition, or order other discovery.
(b) Except as provided by this section and Sections 36.416 and 36.4165, Chapter 2001, Government Code, does not apply to a hearing under this subchapter.
Terms Used In Texas Water Code 36.418
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Subpoena: A command to a witness to appear and give testimony.
(c) The district shall adopt rules to:
(1) establish a procedure for preliminary and evidentiary hearings;
(2) allow the presiding officer, at a preliminary hearing by the district and before a referral of the case to the State Office of Administrative Hearings, to determine a party’s right to participate in a hearing according to § 36.415(b)(2); and
(3) set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings under § 36.416.