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RULE §155.153Powers and Duties

(a) Judge's authority and duties. The judge shall have the authority and duty to:

  (1) conduct a full, fair, and efficient hearing;

  (2) take action to avoid unnecessary delay in the disposition of the proceeding; and

  (3) maintain order.

(b) Judge's powers. The judge shall have the power to regulate prehearing matters, the hearing, posthearing matters, and the conduct of the parties and authorized representatives, including the power to:

  (1) administer oaths;

  (2) take testimony, including the power to question witnesses and to request the presence of a witness from a state agency;

  (3) rule on questions of evidence;

  (4) rule on discovery issues;

  (5) issue orders relating to hearing and prehearing matters, including orders imposing sanctions;

  (6) admit or deny party status;

  (7) designate the party with the burden of proof pursuant to §155.427 of this chapter;

  (8) exclude irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations of evidence or argument;

  (9) order parties to submit legal memoranda and proposed findings of fact and conclusions of law;

  (10) reopen the record when justice requires, if the judge has not issued a dismissal, proposal for decision, or final decision;

  (11) issue proposals for decision pursuant to Tex. Gov't Code §2001.062 and, when authorized, final decisions;

  (12) rule on motions for rehearing, when authorized;

  (13) reopen the record after a proposal for decision has been issued when a case is remanded by a referring agency for further proceedings; and

  (14) reopen the record after a final decision has been issued by SOAH if the judge grants a motion for rehearing, or when a case is remanded by a court to SOAH for further proceedings.

Source Note: The provisions of this §155.153 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593

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