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Senate passes bill to let TCEQ review discovery disputes in SOAH contested cases
Summary
The Senate approved a bill requiring administrative law judges to certify scope-of-discovery issues in contested environmental permitting cases to the Texas Commission on Environmental Quality at a party’s request and set time limits for commission consideration and case abatement.
The Senate on Monday passed a committee substitute for Senate Bill 2203 that changes how discovery disputes are handled in contested‑case hearings referred to the State Office of Administrative Hearings (SOAH) from the Texas Commission on Environmental Quality (TCEQ).
Under current practice an administrative law judge (ALJ) is the factfinder in SOAH hearings and issues recommendations to TCEQ commissioners, who make final permit decisions. Sponsors told the Senate that…
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