34 Tex. Admin. Code § 67.89 - Presentation of Contested Cases to the Board or its Designee
(a) When a request for oral argument is
granted pursuant to §
67.87 of this chapter (relating to
submission of appeals to the Board's designee), the Examiner who prepared the
proposal for decision shall, if practicable, present the Proceeding to the
Board or its designee during the Board meeting, or the designee's Proceeding,
at which the case has been placed for final administrative decision. In
presenting the case, the Examiner shall:
(1)
concisely state the nature of the case;
(2) concisely state the positions of the
Parties;
(3) concisely state his or
her proposal for deciding the case and the basis for that proposal;
and
(4) respond to questions
concerning the hearing and the proposal directed to him from a Trustee or the
Board's designee. The Examiner shall not present information that is not part
of the record of the Proceeding.
(b) In a Proceeding that the Executive
Director, in his/her sole discretion, determines should be set for
consideration before the Board, a Party may present oral argument to the Board
before the final determination of any Proceeding by filing with the Executive
Director a written request to do so at least three (3) business days prior to
the day on which the Board is to consider the Proceeding. If such a request is
not timely filed, oral argument shall be allowed only at the discretion of the
Board. In the event that oral argument is allowed and all Parties are present
and prepared to present oral argument, the case will proceed. Otherwise, the
Board may, in its sole discretion, hear the case in the absence of any Party,
any Authorized Representative or the Examiner, or continue the case to a future
meeting.
(c) A Trustee or the
Board's designee may question the Examiner concerning the hearing, the
evidence, the proposal for decision or any other matter concerning the record
of the Proceeding. In responding to a question, the Examiner must advise the
chairman of the Board or the Board's designee if the Examiner believes the
question involves a matter outside the record of the Proceeding or is otherwise
improper. The chairman of the Board or the Board's designee may ask the general
counsel for his/her opinion concerning the propriety of a particular question.
The decision of the chairman of the Board or the Board's designee concerning
the propriety of a question shall be final.
(d) A Trustee or the Board's designee may ask
the general counsel for his/her opinion concerning the legality of a particular
course of action or decision, the law or rules governing a particular aspect of
matters within the jurisdiction of the Board or its designee, the evaluation of
the evidence, or any other legal matter. The general counsel shall advise the
chairman of the Board or the Board's designee if the general counsel is of the
opinion that responding to a particular question would be inappropriate. The
decision of the chairman of the Board or the Board's designee concerning the
propriety of a question shall be final.
(e) If oral argument is allowed, then each
Party will be given time, not to exceed ten (10) minutes, unless additional
time is allowed by the chairman of the Board or the Board's designee, to
present oral argument to the Board or its designee. Questions by the Board or
its designee and answers to such questions will not be considered as part of
the time limitations described in this section. Oral argument concerning
matters outside the record and proffered documents not presented during the
evidentiary hearing before the Examiner will not be allowed.
(f) After the Examiner presents his proposal
for decision, the Trustees or the Board's designee have been given an
opportunity to ask questions, oral argument is presented, and the Trustees or
the Board's designee have been given an opportunity to discuss and consider the
case, the Board or its designee shall act on the case and render a
decision.
Notes
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