What Every Practitioner Should Know Prior to Practicing before SOAH: The SOAH Rules of Procedure as Compared to The Texas Rules of Civil Procedure

Abstract

Introduces the SOAH rules to those unfamiliar with the practice of Texas administrative law and addresses several of the differences between the SOAH Rules and the TRCP. It doesn’t exhaustively cover all SOAH Rules. It excludes chapter 159 about administrative license revocation hearings, and it doesn’t include the procedure for contested TCEQ matters. It specifically discusses a majority of SOAH Rules found in chapter 155 of the Texas Administrative Code. It begins with the reasoning behind the SOAH Rules. Next, the differences between the SOAH Rules and the TRCP are organized by the procedural phase of the case. It provides alternatives to hearings at SOAH, and concludes by reminding practitioners to be conscientious of the differences between SOAH and the TRCP and to make sure that they have also abided by agency-specific rules.