16 Tex. Admin. Code § 22.202 - Presiding Officer
(a) Presiding
Officer to Conduct Hearings. Hearings in contested cases shall be conducted by
one or more presiding officers. The presiding officer has the decision making
authority set out in the commission rules, Government Code, APA, and
PURA.
(b) Commission May Preside
Over Any Hearing. The commission has the authority to conduct any prehearing
conference and hearing on any proceeding. The commission may conduct the entire
hearing, or it may preside over a hearing in progress, in which case the
commissioners shall read the record established to that date. Rulemaking
hearings may be conducted by the commission or its designee.
(c) Authority of Presiding Officer. The
presiding officer has broad discretion in conducting the course, conduct, and
scope of the hearing. The presiding officer's authority includes, but is not
limited to, the power to administer oaths and affirmations; call and examine
witnesses; receive evidence and testimony; rule upon the admissibility of
evidence and amendments to pleadings; issue subpoenas; issue discovery,
procedural, and scheduling orders; impose sanctions; compel the attendance of
witnesses and the production of documents; authorize the taking of depositions;
re-open the record, prior to the issuance of a proposal for decision, for
additional evidence where it is necessary to make the record correct, accurate,
and complete; make proposed findings of fact and conclusions of law; make
proposed orders; issue interim orders; recess any hearing from time-to-time;
abate a proceeding, and take any other action not prohibited by law or by
commission rule which is necessary for an efficient and fair hearing.
(d) Conduct of Hearing. The presiding officer
shall rule expeditiously on all motions and objections made at the hearing. The
presiding officer shall conduct the hearing in such a manner to secure fairness
in administration, eliminate unjustifiable delay, and promote the development
of the record consistent with the applicable laws. The presiding officer shall
endeavor to limit the presentation of evidence that creates an unfair
prejudice, confuses the issues, or causes undue delay or needless presentation
of cumulative evidence, and may:
(1) set
reasonable times for a party to present evidence, including oral testimony of
its own witnesses and cross-examination of other party's witnesses;
(2) establish the order in which parties will
present evidence and conduct cross-examination;
(3) limit the number of witnesses to avoid
cumulative or repetitious testimony;
(4) limit the time allowed for
cross-examination; and
(5) order
the presentation of cumulative evidence discontinued.
(e) Replacement. If at any time a SOAH
administrative law judge is unable to continue presiding over a case, SOAH may
appoint a substitute administrative law judge who shall perform any function
remaining to be performed without the necessity of repeating any previous
proceedings. The substitute administrative law judge shall read the record of
the proceedings that occurred prior to his or her appointment before issuing a
Proposal for Decision or recommended findings of fact and conclusions of
law.
Notes
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