Agency Adjudication matters include:
- Refusal of a license
- Revocation of a license/permit
- Assessment of an administrative penalty
A public hearing may be held on a proposed rule and must be provided if requested by a governmental subdivision or agency, 25 or more persons, or an association with at least 25 members. (Tex. Gov't Code § 2001.029). Therefore, you will want to research whether a hearing will or was held on the regulation of interest; hearing recordings may be archived on the relevant agency's website. Ex: TCEQ
Agency Adjudication
Texas State Office of Administrative Hearings (SOAH)
- SOAH is an independent office that resolves administrative disputes through either administrative hearings or mediation.
- SOAH conducts all administrative hearings in contested cases for an agency "that does not employ an individual whose only duty is to preside as a hearings officer over matters related to contested cases before the agency" and as required under other laws. Tex. Gov't Code § 2003.021.
- SOAH may conduct hearings voluntarily referred to the office by a governmental entity. Tex. Gov't Code § 2003.021
Locating Administrative Decisions
- SOAH uses re:SearchTX as an online repository for docket case files. *Requires registration.
- Individual agencies also publish decisions. For example, the Texas Railroad Commission's website allows you to search and view agency case information and case documents.
- Westlaw and Lexis have some agency decisions as well.
