Texas Codes

Tex. Occ. Code § 2301.704 (2026)

Hearings Examiner; Administrative Law Judge

✓ current as of May 2026

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Sec. 2301.704. HEARINGS EXAMINER; ADMINISTRATIVE LAW JUDGE. (a) Except as otherwise provided by this section, a hearing under this chapter must be held by an administrative law judge of the State Office of Administrative Hearings.

(a-1) A hearing under Section 2301.204 or Subchapter M must be held by a hearings examiner.

(b) An administrative law judge and a hearings examiner have all of the board's power and authority as provided by this chapter to conduct hearings, including the power to:

(1) hold a hearing;

(2) administer an oath;

(3) receive pleadings and evidence;

(4) issue a subpoena to compel the attendance of a witness;

(5) compel the production of papers and documents;

(6) issue an interlocutory order, including a cease and desist order in the nature of a temporary restraining order or a temporary injunction;

(7) make findings of fact and conclusions of law; and

(8) issue a proposal for decision and recommend a final order.

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1403 (H.B. 3601), Sec. 2, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 1379 (H.B. 1692), Sec. 9, eff. January 1, 2014.

Notes of Decisions

Cited in 5 cases, 2015–2019 · leading case: Keystone RV Co. v. Texas Dep't of Motor Vehs., 507 S.W.3d 829 (Tex. App. 2016).

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Keystone RV Co. v. Texas Dep't of Motor Vehs., 507 S.W.3d 829 (Tex. App. 2016). · cites it 4× “See Tex. Occ. Code § 2301.704. . See id. § 2301.”

Nissan North Am., Inc. v. Texas Dep't of Motor Vehs. (Tex. App. 2019). · cites it 2× “TEX. OCC. CODE ANN. § 2301.704(a). In conducting the hearing, the ALJ acts with “all the board’s power and authority,” including the power to “make findings of fact and conclusions of law” and “issue a proposal for decision and recommend a final order.”

Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). · cites it 3× “4, 34 TEX. OCC. CODE § 2301.709 ...............”

Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off. (Tex. App. 2015). · cites it 2× “27 Tex. Occ. Code § 2301.702 ...............”

— Tex. Occ. Code § 2301.704(a) — 2 cases

Nissan North Am., Inc. v. Texas Dep't of Motor Vehs. (Tex. App. 2019). “TEX. OCC. CODE ANN. § 2301.704(a). In conducting the hearing, the ALJ acts with “all the board’s power and authority,” including the power to “make findings of fact and conclusions of law” and “issue a proposal for decision and recommend a final order.”

— Tex. Occ. Code § 2301.704(b)(7) — 1 case

— Tex. Occ. Code § 2301.704(c) — 1 case

Keystone RV Co. v. Texas Dep't of Motor Vehs., 507 S.W.3d 829 (Tex. App. 2016). “See Tex. Occ. Code § 2301.704. . See id. § 2301.”

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