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TITLE 28INSURANCE
PART 2TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
CHAPTER 149MEMORANDUM OF UNDERSTANDING WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS
RULE §149.3Referral of Contested Case to SOAH
Repealed Date:07/27/2014

(a) Referral of a contested case to SOAH may be made only by the commission. The referral is initiated by filing with SOAH a Request to Docket Case form. The TWCC Chief Clerk will ensure that the appropriate areas are marked on the SOAH form to provide additional notification of the confidentiality provisions as specified in §149.6 of this title (relating to Confidentiality of Records). In addition to filing the appropriate form, a referral also consists of the following items:

  (1) all pleadings in the case, including but not limited to, the agency's findings and decision, requests for hearing, complaints, petitions, applications, motions, or such other documents produced by the commission describing agency action relating to the contested case;

  (2) a current service list; and

  (3) notification of any statutory deadlines imposed by statute or rule involving the contested case.

(b) Not later than ten days after receiving the Request to Docket Case form, SOAH shall assign the case a docket number and provide the docket number and a confirmation of the date, time, and place of hearing to the commission within the limitations specified in §148.5 of this title (relating to Notice of Hearing). The SOAH docket clerk will coordinate the assignment of hearing dates with the TWCC Chief Clerk so that hearings are scheduled both for the efficient use of ALJs and commission representatives in such cases. Following receipt of a request for an assignment of judge, SOAH shall assign an ALJ and shall notify all parties and the commission in writing of the ALJ assigned to the case.

(c) SOAH shall utilize its best efforts to set hearings involving issues of preauthorization under the Act, §§413.014 and 413.055, for a date no more than 30 days after SOAH has received the Request to Docket Case form. SOAH shall utilize its best efforts to set a hearing to consider a proposed penalty under the Act, Chapter 415, Subchapter B, no earlier than 60 days after SOAH has received the Request to Docket Case form. In all other cases under the Act, SOAH shall set such cases for a date within a 90-day period after receiving the Request to Docket Case form.


Source Note: The provisions of this §149.3 adopted to be effective June 9, 2005, 30 TexReg 3250

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