Texas House Bill HB3981

Texas 2015 - 84th Regular

Caption

Relating to the final decision in a contested case regarding occupational licensing before a State Office of Administrative Hearings administrative law judge.

Impact

The amendment proposed by HB 3981 will specifically affect how contested cases involving occupational licenses are adjudicated. By allowing license holders the option to have the administrative law judge make the final ruling, the bill could potentially mitigate delays in the resolution of such cases. This is particularly relevant for individuals who rely on their occupational licenses for employment and may face financial hardship while waiting for a decision from a state agency.

Summary

House Bill 3981 seeks to amend the process regarding the final decision in contested cases related to occupational licensing overseen by administrative law judges at the State Office of Administrative Hearings. The bill allows an occupational license holder, in cases that do not conclude through stipulation, settlement, or consent order, to choose to have the administrative law judge render the final decision in their case. This change is significant as it aims to streamline the licensing process and provide license holders more agency in the determination of their contested cases.

Contention

While support for the bill suggests it would enhance fairness and expediency in occupational licensing disputes, there may be concerns regarding the implications of this change for state regulatory bodies. Critics may argue that granting license holders direct access to final decisions could undermine the authority of state agencies that traditionally oversee these processes. Furthermore, defining the parameters of when a contested case can transition to a judge's final decision might lead to legal ambiguities or result in inconsistent applications among different agencies.