Texas § 2301.704 HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE.

Texas Statutes

§ 2301.704 — HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE.

Texas § 2301.704

Code OCOccupations Code

This text of Texas § 2301.704 (HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Occupations Code Code Ann. § 2301.704 (2026).

Text

Sec. 2301.704. HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE.

(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 Section 2301.204 or Subchapter M must be held by a hearings examiner.

(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 ord

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Sec. 2301.704. HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE. (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 Section 2301.204 or Subchapter M must be held by a hearings examiner.
(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 Section 2301.204 or Subchapter M, a hearings examiner shall issue a final order.

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

(Court of Appeals of Texas, 2015)

Nissan North America, Inc. v. Texas Department of Motor Vehicles

(Court of Appeals of Texas, 2019)

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601 ), Sec. 2, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692 ), Sec. 9, eff. January 1, 2014.