When you contest a TABC violation, your case proceeds to an administrative hearing at the State Office of Administrative Hearings (SOAH). This hearing functions similarly to a trial, though with modified procedures appropriate for administrative proceedings. Understanding what to expect helps you prepare effectively and present your best case.
This guide walks you through the hearing process from preparation through decision.
Before the Hearing
Preparation is critical. Most of your work happens before you enter the hearing room.
Notice and Scheduling
After you request a hearing through AIMS, TABC forwards your case to SOAH. You will receive a notice with:
The date, time, and location of your hearing.
The name of the assigned Administrative Law Judge (ALJ).
Deadlines for submitting documents and witness lists.
Instructions for electronic filing.
Mark all deadlines immediately. Missing pre-hearing deadlines can limit what evidence you can present.
Preliminary Matters
Before the hearing itself, you may need to address:
Discovery. Exchange of information with TABC. You can request copies of documents TABC plans to use and information about their witnesses.
Pre-hearing motions. Requests for rulings on procedural issues before the hearing. These might include motions to exclude certain evidence, motions for continuance, or motions regarding the scope of issues.
Witness lists. Both sides typically must disclose who they plan to call as witnesses.
Exhibit lists. Lists of documents and other evidence you plan to introduce.
Gathering Your Evidence
Collect everything that supports your position:
Documents. Training records, policies, certifications, incident reports, receipts, contracts, correspondence with TABC.
Video footage. Security camera recordings from relevant dates.
Photographs. Images of your premises, signage, or relevant conditions.
Business records. Sales records, employee schedules, inventory logs.
Organize exhibits logically and prepare copies. You will need copies for the ALJ, for TABC’s attorney, and for your own reference.
Preparing Witnesses
Identify witnesses who can testify about relevant facts:
Employees. Staff who witnessed the events or can speak to your compliance practices.
Managers. Supervisors who can testify about training, policies, and oversight.
Expert witnesses. In some cases, experts on industry practices or specific technical issues.
Prepare each witness by reviewing what they observed, what questions they may face, and how cross-examination works. Witnesses should testify truthfully based on their own knowledge, not recite scripted answers.
Understanding Your Position
Before the hearing, honestly assess:
What are the strongest points in TABC’s case?
What are your best defenses or arguments?
What evidence supports your position?
What weaknesses exist in your case?
What outcome is realistic?
This assessment helps you focus preparation on what matters most and set appropriate expectations.
The Hearing Day
The hearing follows a structured format, though ALJs have discretion in managing proceedings.
Setting and Participants
SOAH hearings typically occur in a hearing room at a SOAH facility or at a location authorized by statute. Some hearings may be conducted by videoconference.
Participants include:
The Administrative Law Judge. Presides over the hearing, rules on objections, and ultimately decides the case.
TABC’s representative. Usually an attorney from TABC’s legal staff who presents the agency’s case.
You and your attorney. If you have counsel. If not, you represent yourself.
Witnesses. Called by either side to testify.
Court reporter. Records the proceedings (in some cases).
Opening Statements
Each side may make an opening statement summarizing their position. This is your opportunity to:
Introduce yourself and your business.
Explain what you believe the evidence will show.
Preview your key arguments.
Identify the main issues.
Keep opening statements focused and professional. This is not the time for argument or testimony.
TABC’s Case
As the party bringing the action, TABC presents its case first. The agency’s attorney will:
Call witnesses. TABC agents, the minor involved in sting operations, or others with relevant knowledge.
Introduce exhibits. Documents, recordings, photographs, and other evidence.
Establish the violation. Present evidence supporting each element TABC must prove.
During TABC’s case, you may:
Object to evidence. If TABC tries to introduce evidence that is improper, you can object. The ALJ will rule on the objection.
Cross-examine witnesses. After TABC’s direct examination of each witness, you can ask questions challenging their testimony or exploring weaknesses.
Effective cross-examination requires preparation. Know what points you want to make and have specific questions ready.
Your Case
After TABC rests, you present your defense:
Call witnesses. Present testimony supporting your position.
Introduce exhibits. Your documents, records, and other evidence.
Testify yourself. You may choose to testify on your own behalf, though you are not required to.
TABC’s attorney may object to your evidence and will cross-examine your witnesses.
Closing Arguments
After both sides present evidence, each may make a closing argument:
Summarize the evidence presented.
Explain why the evidence supports your position.
Address weaknesses in the opposing case.
Ask for the outcome you seek.
Some ALJs prefer written closing briefs rather than oral arguments, particularly in complex cases.
The Decision
After the hearing, the ALJ considers the evidence and issues a decision.
Proposal for Decision
In many TABC cases, the ALJ issues a “proposal for decision” that includes:
Findings of fact. The ALJ’s determinations about what happened.
Conclusions of law. The ALJ’s analysis of how the law applies to the facts.
Recommended disposition. What action the ALJ recommends.
TABC’s Role
Under TABC procedures, the agency reviews the ALJ’s proposal. In most cases, TABC adopts the ALJ’s recommendation. However, TABC retains some authority to modify decisions in limited circumstances.
For emergency suspension hearings under § 11.614, current rules provide that the ALJ’s decision is final.
Possible Outcomes
The decision may:
Dismiss the violation. Finding that TABC did not prove its case.
Sustain the violation with reduced penalty. Finding a violation occurred but imposing a lesser sanction.
Sustain the violation as charged. Affirming the violation and imposing the scheduled penalty.
Impose enhanced penalty. In some cases, penalties higher than initially proposed.
Representing Yourself vs. Hiring an Attorney
You have the right to represent yourself at SOAH hearings, but consider the stakes.
When Self-Representation May Work
First-time, minor violations with modest penalties.
Cases where you plan to accept responsibility and seek reduced penalty.
Simple factual disputes with straightforward evidence.
Situations where attorney fees exceed potential penalty.
When You Should Have an Attorney
Serious violations that could result in license suspension or cancellation.
Second or third offenses with escalated penalties.
Complex factual or legal issues.
Cases where you plan to contest the violation aggressively.
Significant business value at stake.
Criminal charges accompanying the administrative case.
TABC has experienced attorneys presenting their cases. Matching their preparation and skill without legal training is challenging. Law firms that specialize in TABC administrative matters, such as Griffith & Hughes, have extensive experience representing license holders before SOAH and can significantly improve your chances of a favorable outcome.
Tips for Success
Do
Arrive early and dress professionally.
Be respectful to the ALJ, TABC’s attorney, and all participants.
Listen carefully to questions and answer directly.
Stick to what you know firsthand.
Admit what you do not know rather than guessing.
Stay calm even if proceedings become contentious.
Do Not
Interrupt others while they are speaking.
Argue with the ALJ’s rulings.
Exaggerate or misrepresent facts.
Introduce evidence you did not properly disclose.
Become emotional or confrontational.
Discuss the case on social media before or after.
Evidence Tips
Organize exhibits with clear labels and tabs.
Bring extra copies of everything.
Know your documents well enough to find information quickly.
Prepare a timeline of relevant events.
Have key facts and dates at your fingertips.
Common Hearing Issues
Continuances
If you need more time to prepare, you can request a continuance. Continuances are not automatic. You must show good cause for the delay, and the ALJ has discretion to grant or deny the request. Request continuances as early as possible.
Evidence Disputes
The ALJ rules on what evidence is admissible. If TABC objects to your evidence, the ALJ decides whether it comes in. Similarly, you can object to TABC’s evidence. Common objections include relevance, hearsay, and lack of foundation.
Witness Issues
Witnesses sometimes fail to appear or testify unexpectedly. Have backup plans if key witnesses become unavailable. Know what you can prove through documents if witness testimony falls through.
Technical Difficulties
For videoconference hearings, test your technology in advance. Connection problems during testimony can disrupt your presentation. Have backup communication methods available.
After the Hearing
Waiting for the Decision
Decisions may take days to weeks depending on complexity. Do not contact the ALJ to ask about timing. Continue operating normally while awaiting the decision.
Understanding the Decision
When you receive the decision, read it carefully:
What findings of fact did the ALJ make?
What conclusions of law were reached?
What penalty, if any, was imposed?
Are there deadlines for further action?
Post-Decision Options
If you disagree with the decision, you may have options:
Motion for rehearing with TABC.
Appeal to district court (after exhausting administrative remedies).
Compliance with the decision while pursuing appeals.
Consult an attorney about whether post-decision remedies make sense in your case.
This article provides general information about TABC administrative hearings and is not legal advice. Every case involves unique facts and procedural considerations. If you are preparing for a TABC hearing, consider consulting with a qualified Texas attorney who handles TABC administrative matters to help you prepare effectively and understand the specific procedures that apply to your case.