Bill Text: TX SB522 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to contested cases conducted under the Administrative Procedure Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB522 Detail]
Download: Texas-2013-SB522-Introduced.html
Bill Title: Relating to contested cases conducted under the Administrative Procedure Act.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB522 Detail]
Download: Texas-2013-SB522-Introduced.html
By: Estes | S.B. No. 522 | |
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relating to contested cases held under the Administrative Procedure | ||
Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2001.052, Government Code, is amended to | ||
read as follows: | ||
Sec. 2001.052. CONTENTS OF NOTICE. (a) Notice of a | ||
hearing in a contested case must include: | ||
(1) a statement of the time, place, and nature of the | ||
hearing; | ||
(2) a statement of the legal authority and | ||
jurisdiction under which the hearing is to be held; | ||
(3) a reference to the particular sections of the | ||
statutes and rules involved; and | ||
(4) a short, plain statement of the factual matters | ||
asserted. | ||
(b) If a state agency or other party is unable to state | ||
factual matters in detail at the time notice under this section is | ||
served, an initial notice may be limited to a statement of the | ||
issues involved. On timely written application, a more definite | ||
and detailed statement of the facts shall be furnished not less than | ||
10 [ |
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proceeding concerning the grant, denial, revocation, suspension, | ||
annulment, withdrawal, or renewal of a license, a state agency that | ||
intends to rely on a section of a statute or rule not previously | ||
referenced in the notice of hearing must amend the notice to refer | ||
to the section of such statute or rule not less than 10 days before | ||
the date set for the hearing. | ||
(c) In a suit for judicial review of a final decision of a | ||
state agency in a contested case, the agency's failure to comply | ||
with Subsection (a)(3) or Subsection (b) shall constitute | ||
substantial prejudice to the rights of the appellant under Section | ||
2001.174(2). | ||
SECTION 2. Section 2001.054, Government Code, is amended to | ||
read as follows: | ||
(a) The provisions of this chapter concerning contested | ||
cases apply to the grant, denial, or renewal of a license that is | ||
required to be preceded by notice and opportunity for hearing. | ||
(b) If a license holder makes timely and sufficient | ||
application for the renewal of a license or for a new license for an | ||
activity of a continuing nature, the existing license does not | ||
expire until the application has been finally determined by the | ||
state agency. If the application is denied or the terms of the new | ||
license are limited, the existing license does not expire until the | ||
last day for seeking review of the agency order or a later date | ||
fixed by order of the reviewing court. | ||
(c) A revocation, suspension, annulment, or withdrawal of a | ||
license is not effective unless, before institution of state agency | ||
proceedings: | ||
(1) the agency gives notice by personal service or by | ||
registered or certified mail to the license holder of facts or | ||
conduct alleged to warrant the intended action; and | ||
(2) the license holder is given an opportunity to show | ||
compliance with all requirements of law for the retention of the | ||
license. | ||
If, however, the agency finds that an imminent peril to the | ||
public health, safety or welfare imperatively requires emergency | ||
action, and incorporates a factual and legal basis establishing | ||
that imminent peril in an order, summary suspension of a license may | ||
be ordered pending proceedings for revocation or other action. Such | ||
an order is final and appealable to a Travis County district court | ||
upon entry. | ||
(d) A license described in Subsection (a) remains valid | ||
unless it expires without timely application for renewal, is | ||
amended, revoked, suspended, annulled, or withdrawn, or the denial | ||
of a renewal application becomes final. The term or duration of a | ||
license described in Subsection (a) is tolled during the period the | ||
license is subjected to judicial review. However, the term or | ||
duration of a license is not tolled if, during judicial review, the | ||
licensee engages in the activity for which the license was issued. | ||
(e) In a suit for judicial review of a final decision of a | ||
state agency brought by a license holder, the agency's failure to | ||
comply with Subsection (c) shall constitute substantial prejudice | ||
to the rights of the license holder under Section 2001.174(2). | ||
SECTION 3. Subsections (a) and (e), Section 2001.141, | ||
Government Code, are amended to read as follows: | ||
(a) A decision of a state agency [ |
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final under Section 2001.144 that is adverse to any [ |
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contested case must be in writing and signed by a person authorized | ||
by law to sign the agency decision [ |
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(e) If a party submits under a state agency rule proposed | ||
findings of fact or conclusions of law, the decision shall include a | ||
ruling on each proposed finding or conclusion. | ||
SECTION 4. Section 2001.142, Government Code, is amended to | ||
read as follows: | ||
Sec. 2001.142. NOTIFICATION OF DECISIONS AND | ||
ORDERS. (a) A state agency shall notify each party to [ |
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contested case of any decision or order of the agency in the | ||
following manner: | ||
(1) by certified or registered mail sent to the last | ||
known address of the party or to the party's attorney of record; or | ||
(2) by electronic means to the current e-mail address | ||
or telecopier number of the party or the party's attorney of record | ||
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(b) When a decision [ |
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when an order ruling on a motion for rehearing is signed, a state | ||
agency shall send a copy of the decision or order to each party in | ||
accordance with Subsection (a). The state agency must keep a record | ||
documenting the provision and receipt of the notice [ |
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(c) If an adversely affected party does not receive timely | ||
notice under this section of a signed decision or rehearing order, | ||
then, with respect to that party, a time period provided under | ||
Section 2001.144(a), 2001.146, 2001.147, or 2001.176(a) relating | ||
to a decision or motion for rehearing begins on the date the party | ||
receives such notice or acquires actual knowledge of the signed | ||
decision or rehearing order, whichever occurs first. However, in | ||
no event shall such period begin earlier than the 15th day or later | ||
than the 90th day after the decision or rehearing order was signed | ||
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(d) To establish a revised time period under Subsection (c), | ||
the adversely affected party must prove, on sworn motion and | ||
notice, that the date the party received notice from the state | ||
agency or acquired actual knowledge of the signing of the decision | ||
or rehearing order was more than 14 days after the decision or | ||
rehearing order was signed. | ||
SECTION 5. The heading to Section 2001.143, Government | ||
Code, is amended to read as follows: | ||
Sec. 2001.143. TIME OF [ |
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SECTION 6. Subsections (a) and (b), Section 2001.143, | ||
Government Code, are amended to read as follows: | ||
(a) A decision [ |
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Section 2001.144 in a contested case must be signed [ |
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later than the 60th day after the date on which the hearing is | ||
finally closed. | ||
(b) In a contested case heard by other than a majority of the | ||
officials of a state agency, the agency or the person who conducts | ||
the contested case hearing may extend the period in which the | ||
decision [ |
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SECTION 7. Sections 2001.144 and 2001.145, Government Code, | ||
are amended to read as follows: | ||
Sec. 2001.144. DECISIONS; WHEN FINAL. (a) A decision in a | ||
contested case is final: | ||
(1) if a motion for rehearing is not filed on time, on | ||
the expiration of the period for filing a motion for rehearing; | ||
(2) if a motion for rehearing is filed on time, on the | ||
date: | ||
(A) the order overruling the motion for rehearing | ||
is signed [ |
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(B) the motion is overruled by operation of law; | ||
or | ||
(3) if a state agency finds that an imminent peril to | ||
the public health, safety, or welfare requires immediate effect of | ||
a decision [ |
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forth a factual and legal basis establishing an imminent peril to | ||
the public health, safety, or welfare [ |
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(b) If a decision or order is final under Subsection (a)(3), | ||
a state agency must recite in the decision or order the finding made | ||
under Subsection (a)(3) and the fact that the decision or order is | ||
final and effective on the date signed [ |
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Sec. 2001.145. MOTIONS FOR REHEARING: PREREQUISITES TO | ||
APPEAL. (a) A timely motion for rehearing is a prerequisite to an | ||
appeal in a contested case except that a motion for rehearing of a | ||
decision [ |
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(b) A decision that is final under Section 2001.144(a)(2) | ||
or[ |
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SECTION 8. Section 2001.146, Government Code, is amended by | ||
amending Subsections (a), (b), (c), (e), and (f) and adding | ||
Subsections (g) and (h) to read as follows: | ||
(a) A motion for rehearing in a contested case must be filed | ||
by a party and served on all other parties to the contested case in | ||
accordance with Rule 21a, Texas Rules of Civil Procedure, not later | ||
than the 20th day after the date on which the decision that is the | ||
subject of complaint is signed [ |
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(b) A reply to a motion for rehearing must be filed with the | ||
state agency not later than the 30th day after the date on which | ||
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of complaint is signed, or not later than the 10th day after a | ||
motion for rehearing is filed if the time for filing the motion for | ||
rehearing has been extended by a valid agreement under Section | ||
2001.147 or by a written agency order under Subsection (e) [ |
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(c) A state agency shall act on a motion for rehearing not | ||
later than the 45th day after the date on which [ |
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motion for rehearing is overruled by operation of law. | ||
(e) Not later than the 30th day after a decision that is the | ||
subject of complaint is signed, a [ |
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initiative or on the motion of any party, by written order extend | ||
the time for filing a motion or reply or taking agency action under | ||
this section. An [ |
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period for agency action beyond the 90th day after the date [ |
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complaint is signed [ |
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(f) In the event of an extension, a motion for rehearing is | ||
overruled by operation of law on the date fixed by the order or, in | ||
the absence of a fixed date, 90 days after the date on which [ |
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is signed [ |
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(g) A motion for rehearing must identify with particularity | ||
findings of fact or conclusions of law that are the subject of | ||
complaint and any evidentiary or legal ruling claimed to be | ||
erroneous. The motion must also set forth the legal and factual | ||
basis for the claimed error. | ||
(h) After an agency rules on a motion for rehearing, a | ||
further motion for rehearing must be filed not later than 20 days | ||
after the order disposing of the original motion for rehearing is | ||
signed, if that order: | ||
(1) modifies in any respect the decision that is the | ||
subject of complaint, even if the modification does not change the | ||
outcome of the contested case or makes only typographical, | ||
grammatical, or immaterial changes to the decision; or | ||
(2) vacates the decision that is the subject of | ||
complaint and issues a new decision. | ||
SECTION 9. Subsection (a), Section 2001.176, Government | ||
Code, is amended to read as follows: | ||
(a) A person initiates judicial review in a contested case | ||
by filing a petition not later than the 30th day after the date on | ||
which the decision that is the subject of complaint is final and | ||
appealable. A prematurely filed petition is effective to initiate | ||
judicial review and is deemed filed on the day of, but after, the | ||
event that begins the period for filing a petition. | ||
SECTION 10. The changes in law made by this Act to Chapter | ||
2001, Government Code, apply only to an administrative hearing | ||
conducted, or to a decision in an administrative hearing issued, on | ||
or after the effective date of this Act. A hearing conducted or | ||
decision issued before the effective date of this Act is governed by | ||
the law in effect when the hearing was conducted or the decision was | ||
issued, and the former law is continued in effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2013. |