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TITLE 16 - ECONOMIC REGULATION
PART 8 - TEXAS RACING COMMISSION
CHAPTER 307 - PROCEEDINGS BEFORE THE COMMISSION
SUBCHAPTER A - GENERAL PROVISIONS
SECTION/RULE §307.3 - Types of Proceedings
Chapter Review Date 06/06/2022

(a) A contested case proceeding is one in which the Commission is authorized or required by law to make a decision regarding the rights or privileges of a person after notice and hearing. Pursuant to Government Code, §2003.021, the executive secretary will refer all contested cases to the State Office of Administrative Hearings (SOAH) for a hearing. Examples of contested case proceedings are an administrative penalty issued by the executive secretary and an appeal from a stewards' or judges' ruling.(b) A decision-making proceeding is one in which the Commission is authorized or required by law to make a decision regarding the rights or privileges of a person in open meeting, but without an evidentiary hearing. An example of a decision-making proceeding is the allocation of live race dates pursuant to the Act, §§8.01 and 10.01.(c) A proceeding before the stewards or racing judges is one conducted pursuant to the Act, §3.07 or to authority granted by the Commission in the Rules.(d) A rulemaking proceeding is one in which the Commission proposes or adopts a rule governing any matter within the Commission's jurisdiction.

Source Note: The provisions of this §307.3 adopted to be effective January 1, 2002, 26 TexReg 10530.

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