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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 533PRACTICE AND PROCEDURE
RULE §533.36Hearings before Presiding Officer or the Members of the Commission
Repealed Date:12/30/2007

(a) Hearings in contested cases will be conducted by the presiding officer who shall have authority to administer oaths, to examine witnesses, to rule upon the admissibility of evidence and amendments to pleadings, and to recess any hearing from day to day.

(b) If the presiding officer dies, becomes disabled or withdraws or is removed from employment on the case at any time before the final decision thereon, the agency may appoint another presiding officer who may perform any function remaining to be performed without the necessity of repeating any previous proceedings on the case.

(c) The chairperson of the commission or a member designated by the chairperson shall preside over hearings conducted by the commission membership. The chairperson or designated member shall rule on the admissibility of evidence or amendments to pleadings. The chairperson or designated member may enter proposed orders which have been approved by the commission.


Source Note: The provisions of this §533.36 adopted to be effective December 29, 1998, 23 TexReg 13074.

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