(a) The board appoints SOAH or the executive director as provided for in §519.24(f) of this chapter (relating to Committee Recommendations) to be its finder of fact in contested cases pursuant to §901.508 of the Act (relating to Right to Hearing). The board does not delegate and retains for itself the right to determine the sanctions and make the final decision in any contested case.
(b) SOAH hearings of contested cases shall be conducted in accordance with the APA by an ALJ assigned by SOAH. Jurisdiction over the case is acquired by SOAH when the board staff files a request to docket case.
(c) For administrative hearings or proceedings covered by the APA a witness called by the board is entitled to receive reimbursement from the board for meals, lodging and mileage while going to and returning from the place of the hearing or proceeding if the hearing or proceeding is more than 25 miles from the place of residence of the witness, and such reimbursement will be at the rate:
  (1) provided by law for state employees if the witness uses their personally owned or leased motor vehicle to attend the hearing or proceeding;
  (2) provided by law for state employees if the witness does not use their personally owned or leased motor vehicle to attend the hearing or proceeding; and
  (3) for meals and lodging provided by law for state employees.
(d) The board will pay the witness a $50.00 fee for each day or portion of day the witness appears on behalf of the board at a SOAH docketed administrative hearing or related proceeding the witness attends.

Source Note: The provisions of this §519.40 adopted to be effective June 9, 2004, 29 TexReg 5629; amended to be effective October 15, 2008, 33 TexReg 8520; amended to be effective February 9, 2012, 37 TexReg 494; amended to be effective December 7, 2016, 41 TexReg 9517; amended to be effective February 3, 2021, 46 TexReg 814