<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §1.101Examiner's Powers and Duties

(a) For any assigned case and subject to any limitations imposed by law or by Commission rule, the examiner shall have broad discretion in regulating the course and conduct of the hearing. The examiner's authority includes, but is not limited to, the following authority:

  (1) to administer oaths and affirmations;

  (2) to issue subpoenas to compel the attendance of witnesses and the production of papers and documents;

  (3) to authorize the taking of depositions and issue discovery orders;

  (4) to call and examine witnesses;

  (5) to receive evidence;

  (6) to rule upon the admissibility of evidence and amendments to pleadings;

  (7) to limit the number of witnesses whose testimony would be merely cumulative;

  (8) to set reasonable times within which a party may testify, cross-examine witnesses, or present evidence;

  (9) to impose sanctions;

  (10) to maintain order in a hearing;

  (11) to recess any hearing;

  (12) to issue a proposal for decision, including proposed findings of fact and conclusions of law and a recommended order;

  (13) to reopen the record when justice requires;

  (14) to amend the proposal for decision or recommended order, or both;

  (15) to issue a supplemental or amended proposal for decision and proposed order;

  (16) to review the jurisdiction of the Commission and standing of parties as it pertains to a contested case;

  (17) to issue orders relating to hearing, prehearing and posthearing matters; and

  (18) to take other permissive action which is necessary for a fair, just, and proper hearing.

(b) If at any time the examiner is unable to continue to serve, the Hearings Director may appoint another examiner to perform any remaining functions without the necessity of repeating previous proceedings.

(c) At their discretion, the Commissioners may preside over contested cases pursuant to this section.

Source Note: The provisions of this §1.101 adopted to be effective August 21, 2017, 42 TexReg 4131

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page