Sec. 5.43. WHO MAY HOLD HEARING; RULES OF EVIDENCE. (a) Except for a hearing on the adoption of commission rules or a hearing on an employment matter, the commission designates the State Office of Administrative Hearings to conduct and make a record of any hearing authorized by this code. If the commission or administrator declares a hearing to be an emergency, the State Office of Administrative Hearings shall assign an administrative law judge or may contract with a qualified individual within five days and set a hearing as soon as possible.
(b) The commission may render a decision on the basis of the record or the proposal for decision if one is required under the administrative procedure law, Chapter 2001, Government Code, as if the commission had conducted the hearing. The commission may prescribe its rules of procedure for cases not heard by the State Office of Administrative Hearings.
Acts 1977, 65th Leg., p. 401, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 10, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 487, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 15, eff. December 31, 2020.
Structure Texas Statutes
Title 2 - Administration of Code
Chapter 5 - Alcoholic Beverage Commission
Subchapter B. Powers and Duties
Section 5.31. General Powers and Duties
Section 5.32. May Require Reports
Section 5.321. Electronic Signatures
Section 5.33. Regulate Licensees and Permittees
Section 5.331. Public Disturbance Reports
Section 5.34. Delegation of Authority
Section 5.35. Issuance of Permits and Licenses
Section 5.36. Investigation of Violations
Section 5.361. Enforcement; Inspections
Section 5.362. Schedule of Sanctions
Section 5.363. Disciplinary Authority of Administrator and Commission
Section 5.364. Receipt and Use of Market Data
Section 5.37. Collection of Taxes at Source
Section 5.371. Proceeds From Contraband
Section 5.38. Quality and Purity of Beverages
Section 5.39. Regulation of Liquor Containers
Section 5.40. Regulation of Malt Beverage Container Deposits
Section 5.41. Alcohol Used for Scientific Purposes, Etc
Section 5.42. Penalty for Violation of Rule
Section 5.43. Who May Hold Hearing; Rules of Evidence
Section 5.44. Subpoena of Witnesses; Witness Fees; Contempt
Section 5.441. Fees and Expenses Paid Members or Employees of Commission
Section 5.45. Proof of Document
Section 5.47. Records of Violations
Section 5.49. Printed Copies of Code and Rules
Section 5.50. Establishment of Certain Fees
Section 5.51. Bookkeeping Records
Section 5.52. Program Accessibility Plan
Section 5.53. Public Interest Information and Complaints
Section 5.54. Resolution of Complaints
Section 5.55. Electronic Processing of Licenses, Permits, and Certificates
Section 5.56. Funding of Texas Wine Marketing Assistance Program
Section 5.57. Marketing Practices Regulatory Decisions
Section 5.58. Internal Affairs
Section 5.581. Disclosure of Personnel Records of Commissioned Peace Officers
Section 5.59. Use of Technology
Section 5.60. Alternative Rulemaking and Dispute Resolution Procedures