Sec. 36.418. RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT. (a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001 , Government Code, including the authority to issue a subpoena, require a deposition, or order other discovery. (b) Except as provided by this section and Sections 36.416 and 36.4165, Chapter 2001 , Government Code, does not apply to a hearing under this subchapter. (c) The district shall adopt rules to: (1) establish a procedure for preliminary and evidentiary hearings; (2) allow the presiding officer, at a preliminary hearing by the district and before a referral of the case to the State Office of Administrative Hearings, to determine a party's right to participate in a hearing according to Section 36.415 (b)(2); and (3) set a deadline for a party to file a request to refer a contested case to the State Office of Administrative Hearings under Section 36.416 .
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