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By statute, SOAH is a state agency; it has statewide jurisdiction, makes its own rules, and determines contested cases. [4] The Texas Legislature clarified SOAH was not an Article 5, Section 1 court, but instead was "created to serve as an independent forum for the conduct of adjudicative hearings in the executive branch of state government."
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In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [ 2 ]
The OAH was created in 1990 by legislation enacted in 1989 to provide impartial and independent administrative law judges to hear agency cases. [4] Prior to that, each Maryland agency conducted its own hearings, an administrative process that was criticized as the deciding officer was either an employee or member of the agency, creating the possibility of a lack of impartiality. [4]
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties. [1]
The Administrative Procedure Act of 1946 (APA) requires that federal ALJs be appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an Office of Personnel Management representative, an American Bar Association representative, and a sitting federal ALJ.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
Motion hearings are held when a party asks the court to take a specific action in the case. For example, a party may request that certain evidence be excluded from trial or that a case be dismissed before trial. In a motion hearing, each side presents arguments and evidence to the judge, who then makes a decision based on the law and facts ...