34 Tex. Admin. Code § 67.65 - The Record
(a) Contents of
record. The record in a Proceeding shall consist of all matters identified in
APA §2001.060, including the following:
(1) all Pleadings, intermediate rulings, and
documents reflecting Board policy;
(2) evidence admitted;
(3) a statement of matters officially
noticed;
(4) questions and offers
of proof, objections, and rulings on objections;
(5) adopted findings, exceptions, replies to
exceptions, and supporting briefs;
(6) any proposal for decision, opinion, or
report by the Examiner presiding at the hearing;
(7) all staff memoranda or data submitted to
the Examiner in connection with his consideration of the case.
(b) Closing the record.
(1) Upon the conclusion of the hearing, the
Examiner shall close the record subject to receipt of any information requested
by the Examiner pursuant to §
67.55(e) of this
chapter (relating to order of procedure) and receipt of any late exhibits as
described in §
67.77 of this chapter (relating to
introduction of exhibits).
(2)
Evidence of any kind other than that described in subsection (a) of this
section, not made a part of the record prior to closing, shall be accepted by
the Examiner or the Executive Director and considered by the Examiner or the
Executive Director for inclusion in the record only upon a showing of
relevance, materiality and good cause as to why the evidence could not
reasonably have been presented at the hearing. Such additional evidence shall
not be admitted without providing the Parties not offering the evidence the
opportunity to conduct discovery, cross-examination and to offer rebuttal
evidence. The proposal for decision shall not be presented to the Board or its
designee until the Examiner or the Executive Director has made a ruling on such
evidence.
(c) Findings
of fact. Findings of fact shall be based exclusively on the evidence and on
matters officially noted.
Notes
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