(a) Hearings shall be held by a hearing examiner designated by the commissioner. The hearing examiner shall make findings of fact and promptly issue to the commissioner a written decision as to the unauthorized nature of the structure, the imposition of penalties, and the need for removal of the structure and make a recommendation as to the removal requirements, the amount of any proposed penalty and costs, or both. (b) A hearing examiner assigned to a particular proceeding or case shall have the authority to: (1) convene a hearing; (2) administer oaths to all persons presenting testimony; (3) rule on motions; (4) rule on the admissibility of evidence; (5) designate and align parties and establish the order for presentation of evidence; (6) examine witnesses; (7) set hearing dates; (8) set prehearing
conferences; (9) when required, issue subpoenas to compel the attendance of witnesses or the production of papers and documents related to a hearing; (10) commission and require the taking of depositions; (11) define the jurisdiction of the General Land Office concerning the matter under consideration; (12) limit testimony to matters within the jurisdiction of the General Land Office; (13) ensure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing the rights of any party to the proceeding; (14) recess, continue, or reschedule any hearing; and (15) exercise any other appropriate powers necessary or convenient to carry out the examiner's responsibilities. (c) If a hearing examiner fails for any reason to complete an assigned case before a proposal for decision is prepared,
the commissioner may designate another examiner to complete the assigned case without the necessity for duplicating any duty or function performed by the previous examiner.
|