(a) - (d)(No change.)
(e)Any party may request oral arguments before the
Board prior to the final disposition of the contested case. If
the Board grants oral argument, oral argument [Oral arguments]
will be conducted in accordance with this subsection.
(1)The chairperson or the Board member designated
by the chairperson to preside (the presiding member) shall announce
the case. Upon the request of any party, the presiding member may
conduct a prehearing conference with the parties and their attorneys
of record. The presiding member may announce reasonable time limits
for any oral arguments to be presented by the parties.
(2)The hearing on the proposal for decision shall
be limited to the record. New evidence may not be presented on the
substance of the case unless the party submitting the evidence can
establish that the new evidence was not reasonably available at the
time of the original hearing or the party offering the evidence was
misled by a party regarding the necessity for offering the evidence
at the original hearing.
(3)In presenting oral arguments, the party bearing
the burden of proof shall open and close. The party responding may
offer rebuttal arguments. Parties may request an opportunity for additional
rebuttal subject to the discretion of the presiding member.
(4)After being recognized by the presiding member,
the members of the Board may ask questions of the parties. If a party
is represented by counsel, the questions must be directed to the party's
attorney. Questions must be limited to the record and to the arguments
made by the parties.
(5)Upon the conclusion of oral arguments, questions
by the members of the Board, and any discussion by the member of the
Board, the presiding member shall call for a motion regarding disposition
of the contested case. The presiding member may vote on the motion.
A motion may be granted only if a majority of the members present
and voting vote in favor of the motion. In the event of a tie vote,
the presiding member shall announce that the motion is overruled.
(f) - (k)(No change.)
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's
legal authority
to adopt.
Filed with the Office
of the Secretary of State on August 15, 2017
TRD-201703149 Kristen Worman
General Counsel
Texas Appraiser Licensing and Certification Board
Earliest possible date of adoption: October 1, 2017
For further information, please call: (512) 936-3652
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