31 Tex. Admin. Code § 17.23 - Order of Procedure

(a) The examiner shall open the hearing and make a concise statement of its scope and purposes. A record of all proceedings during such hearing shall be made. Once the hearing has begun, parties or their representatives may be off the record only when permitted by the examiner. If a discussion off the record is determined by the examiner to be pertinent to the issues to be decided in the hearing, the examiner may summarize such discussion for the record. Appearances by all parties or their representatives, and any witnesses who may testify during their proceeding, are to be entered in the record. All witnesses present who may testify will then be placed under oath. Thereafter, parties may present motions or opening statements.

(b) Following opening statements, if any, the party with the burden of proof may be directed to proceed with its direct case.

(c) Where the proceeding is initiated by the General Land Office, or where several proceedings are heard on a consolidated record, the examiner shall designate which party shall open and close and the stage at which other parties shall be permitted to offer evidence. The party with the burden of proof shall be entitled to open and to close.

(d) Opportunity for cross-examination of witnesses and presentation of a direct case shall be afforded all parties of record. After all parties have completed the presentation of their evidence and have been afforded the opportunity to ask clarifying questions and to cross-examine opposition witnesses, closing statements may be allowed.

(e) The parties may, by agreement, alter the order of these proceedings with the consent of the hearing examiner.

Notes

31 Tex. Admin. Code § 17.23

The provisions of this §17.23 adopted to be effective April 22, 1992, 17 TexReg 2472.