Emergency Office Closure Policy

The State Office of Administrative Hearings (SOAH) is dedicated to making every attempt to be open for business during customary business hours; however, SOAH is committed to the safety and wellbeing of its employees and recognizes that inclement weather, facilities-related issues, public health and safety, or other extraordinary circumstances, may necessitate the partial or full-day closure of affected office locations.

Objective

To establish procedures and parameters regarding the closure of affected agency office locations due to inclement weather or other extraordinary circumstances.

Legal Cite

Texas Government Code §§ 661.902(b); 658.005-.006; 658.010

Policy Description

Based upon the specific circumstances, an office closure may:

be expected or unexpected;
occur on an emergency or premeditated basis;
involve alternative hours of operation, such as a delayed opening or an early closure; and/or
involve the required use of remote work or alternative work schedules due the suspension of ordinary operations at a SOAH office location.

For purposes of this policy, an office closure refers to partial or full-day closure, alternative hours of operation, alternative work schedules, or the required use of remote work. The Chief Administrative Law Judge maintains ultimate authority on SOAH office closures or alternative operations; however, definitive decision-making authority is delegated to other Executive Leadership and management as authorized by this policy.

The Chief Administrative Law Judge maintains ultimate authority on SOAH office closures or alternative operations; however, definitive decision-making authority is delegated to other Executive Leadership and management as authorized by this policy.

Policy

Approvals and Procedure for Office Closure

In the event of inclement weather or other circumstances, an impacted SOAH office may be closed in the following manner:

For SOAH’s Headquarters in Austin, any member of SOAH’s Executive Leadership (comprising of the Chief Administrative Law Judge, Deputy Chief for Hearings, General Counsel, and Chief Operating Officer & Chief Financial Officer) may declare an office closure.
For any SOAH Field Office located throughout the state, the Director of Administrative License Revocation (ALR) & Field Operations may declare an office closure in consultation with the Lead Administrative Law Judge (ALJ) for the affected field office, unless Executive Management has issued other instructions related to Field Office operations.
Once the office closure decision is made, the decision-maker shall take the following actions:
1. Notify Executive Management and the agency’s designated Risk Manager, and follow any further directions provided;
2. Notify and coordinate with SOAH’s Information Technology Division to ensure that the agency website is updated and that emergency notifications are sent to affected employees;
3. Notify and coordinate with SOAH’s Docketing Office to ensure that any hearings-support operations related to the office closure are properly addressed; and
4. Notify SOAH’s Human Resources Department so that they may coordinate arrangements with respect to time and leave accounting for affected employees.
In the event SOAH headquarters is closed, the Docketing Manager will change the outgoing message for the agency’s main phone line to advise callers of the office closure.
In the event a SOAH Field Office is affected by an office closure, the Lead ALJ of the affected Field Office shall ensure that its main office phone line is forwarded to another SOAH office designated by the Director of ALR & Field Operations. In the event no other office is available, then the Lead ALJ shall change the outgoing message for the office’s main phone line to advise callers of the office closure.

Notice of Office Closure to SOAH Employees

In the event of a SOAH office closure, SOAH is committed to ensuring all impacted employees and parties are provided with timely and sufficient notification and ongoing communication as necessary.

SOAH will make a reasonable attempt to notify affected employees of any unscheduled office closure by use of its Employee Notification System. All employees must register with the Employee Notification System to receive automated notifications and updates on office closures. It is an employee’s responsibility to make sure the Employee Notification System is updated as necessary with the employee’s most current contact information.

Notice of Office Closure to Other Affected Parties

In the event of an office closure situation, SOAH Team Leaders and/or Field Office Lead ALJs must reasonably attempt to contact referring agencies and other participants regarding the cancellation or rescheduling of any hearings directly affected by an unexpected need to close a SOAH office.

In the interest of justice, it may still be necessary for some hearings to be conducted during an office closure situation, including telephonically or at an alternative location.

Inclement Weather and School Closures

In the case of inclement weather, an impacted SOAH office shall follow the closure, delayed opening, or early release schedule of the Independent School District (ISD) where the office resides without any requirement for further approval from Executive Leadership or management.

SOAH offices and their corresponding ISDs are listed below:

§ Austin Headquarters Office – Austin ISD

§ Corpus Christi Field Office – Corpus Christi ISD

§ Dallas Field Office – Dallas ISD

§ El Paso Field Office – El Paso ISD

§ Fort Worth Field Office – Fort Worth ISD

§ Houston Field Office – Houston ISD

§ Lubbock Field Office – Lubbock ISD

§ San Antonio Field Office – North East ISD

If the ISD is closed for reasons other than inclement weather but the SOAH office remains open for business, employees will be expected to report to work as usual.

Employees will also be expected to report to work if ISDs other than those specified are closed due to inclement weather. However, employees are not expected to commute to work when inclement weather and weather-related road conditions between their home and office present a direct threat to life or property. Employees must notify their supervisor or team leader of the hazardous travelling conditions impacting their commute and must either provide an expected arrival time at the office or work remotely as permitted. An employee who is ineligible to work remotely in accordance with SOAH’s Remote Work Program Policy will be required to take personal leave for the time not in the office. See SOAH’s Remote Work Program Policy for further information.

Remote Hearing Location Closure or Inclement Weather Impacting Remote Hearing Location

With the exception of the Waco remote hearing location, remote hearing locations used by SOAH are not under SOAH’s custody and control, and are therefore not subject to this policy.

In the event that a remote hearing location is unexpectedly closed, or in the event an ALJ will be unable to attend a remote hearing at its scheduled time due to inclement weather, SOAH Team Leaders and/or Field Office Lead ALJs must notify SOAH’s Docketing Office, the appropriate Field Office location if applicable, and must also reasonably attempt to contact referring agencies and other participants regarding the cancellation or rescheduling of any hearings affected.

Emergency Leave and Accounting for Time

Pursuant to Texas Government Code section 661.902, the Chief Administrative Law Judge may grant emergency leave to employees directly impacted by the office closure. Employees who were already working remotely or on any type of leave status, and were therefore not directly impacted by the office closure, will not be eligible to receive and use the designated emergency leave.

Employees impacted by an office closure must submit appropriate leave time in CAPPS. Human Resources will provide employees with instructions on how to properly utilize and document the use of emergency leave or other leave as applicable.

Alternative Hours of Operation or Work Schedules

Pursuant to Texas Government Code sections 658.005-.006, SOAH offices may be subject to alternative hours of operation, and employee work hours may be subject to an alternative work schedule, as deemed necessary by the Chief Administrative Law Judge to address an emergency or public necessity related to an office closure situation.

Remote Work

Pursuant to Texas Government Code section 658.010, the Chief Administrative Law Judge may designate an employee’s residence or another location as the employee’s assigned temporary place of employment for purposes of remote work related to an office closure situation.

Custodians of Records

Human Resources must ensure all employees are aware of this policy and document leave into CAPPS accordingly.