| (a) The administrative law judge shall have the authority and duty to: (1) establish the jurisdiction of the agency; (2) conduct a full, fair, and impartial hearing; (3) take action to avoid unnecessary delay in the disposition of the proceeding; and (4) maintain order in the conduct of the hearing. (b) The administrative law judge shall have the power to regulate the course of the hearing and conduct of the parties and their authorized representatives, including the power to: (1) set hearing dates; (2) convene the hearing at the time and place specified in the notice of hearing; (3) examine and administer oaths to witnesses; (4) remove persons whose conduct impedes the orderly progress of the hearing; (5) restrict attendance as permitted by the Texas Rules of Civil Procedure; (6) take testimony; (7) designate and align parties; (8) rule on motions and on the admissibility of evidence and amendment of pleadings; (9) rule on discovery issues; (10) establish discovery deadlines, limit discovery methods, compel discovery and issue sanctions for discovery violations; (11) issue orders relating to hearing and prehearing matters, including orders imposing sanctions, if allowed by applicable law; (12) admit or deny party status; (13) limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations; (14) grant or deny a continuance; (15) request parties to submit legal memoranda, proposed findings of fact and conclusions of law; (16) issue subpoenas to compel the attendance of witnesses, or the production of papers or documents; (17) authorize the taking of depositions; (18) set prehearing conferences and issue prehearing orders; (19) ensure that information and testimony are introduced as conveniently and expeditiously as possible, including without limitation, limiting the time of argument and presentation of evidence and examination of witnesses without unfairly prejudicing the rights of parties to the proceedings; (20) limit testimony to matters under the commissioner's jurisdiction; (21) continue any hearing from time to time and from place to place; (22) reopen the record of a hearing, before a proposal for decision is issued, for additional evidence where necessary to ensure fairness; (23) issue proposals for decision pursuant to the APA, §2001.062. (24) dismiss a case for lack of prosecution; and (25) exercise any other appropriate powers necessary or convenient to ensure fairness, due process, and the interests of justice. |
