| (a) A person may represent himself or herself. (b) A person may be represented by an attorney authorized to practice law in the State of Texas or other representative when authorized by law. (c) A party's representative shall enter his or her appearance in the case by filing a notice of appearance with the administrative hearings clerk. (d) A party's representative of record shall be copied on all notices, pleadings, and other correspondence. (e) A party's attorney of record remains the attorney of record in the absence of a formal withdrawal, and an order approving such withdrawal must be issued by the administrative law judge. (f) Not more than one representative for each party or aligned group of parties shall be heard on any question or in the hearing except upon leave of the administrative law judge. (g) Party representatives shall: (1) observe the letter and spirit of the Texas Lawyer's Creed, as adopted by the Texas Supreme Court, and the State Bar of Texas' Texas Disciplinary Rules of Professional Conduct, including those provisions concerning improper ex parte communications with the commissioner and the administrative law judge; (2) advise their clients and witnesses of applicable requirements of conduct and decorum; and (3) direct all objections, arguments, and other comments to the administrative law judge and not to other participants. (h) Conduct and Decorum: (1) Those who attend or participate in hearings should conduct themselves in a manner respectful of the conduct of public business, and conducive to orderly and polite discourse. All those in attendance shall comply with the administrative law judge's directions concerning the offer of public comment, and conduct and decorum. (2) In a hearing before the administrative law judge, the administrative law judge shall first warn a person violating this section to refrain from the specific conduct in violation. Upon further violation of this section by the same person, the administrative law judge may exclude that person from the proceeding for such time and under such conditions as necessary to correct the situation. Violation of this section shall also be sufficient cause for the administrative law judge to recess the hearing. (i) Consolidation and Severance of Issues and Parties: (1) Consolidation. Consistent with notices required by law, the administrative law judge may consolidate related cases or claims if consolidation will not prejudice any party and may save time and expense or otherwise benefit the public interest and welfare. (2) Severance. The administrative law judge may sever issues in a proceeding or hold special hearings on separate issues if doing so will not prejudice any party and may save time and expense or benefit the public interest and welfare. The administrative law judge may sever contested enforcement cases or claims involving any number of parties, upon motion by any party, where the party can show that the party would be unduly prejudiced if severance were not granted. (j) Ex Parte Communication: (1) No ex parte communication. Unless required for the disposition of an ex parte matter authorized by law, during the pendency of a contested case before the administrative law judge and the commissioner, no party, person, or their representatives shall communicate directly or indirectly with the administrative law judge or the commissioner concerning any issue of fact or law relative to the pending case, except on notice and opportunity for all parties to participate. (2) Utilizing special skills of the agency. The administrative law judge may seek the special skills or knowledge of agency staff in evaluating the evidence in a contested case. The administrative law judge shall follow the following procedure: (A) The administrative law judge shall issue an order, copied to all parties, asking the agency to assign a staff person with expertise who has not participated in the proceeding or in the processing of the matter being considered for potential consultation; (B) All communications between the designated staff expert and the administrative law judge shall be either recorded or in writing, and all such communications submitted to or considered by the administrative law judge shall be made available as public records when the proposal for decision is issued; and (C) During the pendency of the case before the administrative law judge and the commissioner, no party, person, or their representatives shall communicate directly or indirectly with the designated staff expert assigned to assist the administrative law judge concerning any issue of fact or law relative to the pending case, except on notice and opportunity for all parties to participate. |
