| (a) Parties to proceedings before the department shall
be classified as applicants, petitioners, complainants, respondents,
or intervenors. Parties to a proceeding shall have the right to present
a direct case, cross-examine all witnesses, file requests for discovery,
make legal arguments, and otherwise fully participate as a party to
the proceeding.
(b) Regardless of errors as to the designation of parties
in their pleadings, the parties shall be accorded their true status
in a department proceeding.
(c) Any party in interest may appear in any proceeding
before the department at the administrative law judge's discretion.
All appearances shall be subject to a motion to strike upon a showing
that the party has no justiciable or administratively cognizable interest
in the proceeding. A petition to intervene in a proceeding before
the department will be denied if the inclusion of the intervenor in
the proceeding would cause unjustifiable delay or substantially change
the nature of the proceeding.
(d) Any party may appear pro se, by a licensed attorney,
or by authorized representative.
(e) Any notice, order, decision, or other communication
required by statute or otherwise to be directed at a party to a proceeding
before the department may be served upon that party's attorney of
record or authorized representative with equal effect. A party represented
by more than one attorney or representative in a matter before the
department may be required by the administrative law judge to designate
a lead counsel or representative who shall have control in the management
of the matter, but all attorneys or representatives for the party
may take part in the proceeding in an orderly manner.
(f) A person appearing in a representative capacity
may be required to prove his authority.
(g) Withdrawals of attorneys and representatives shall
be governed by the provisions of the Texas Rules of Civil Procedure,
Rule 10. A motion to withdraw must be served on parties no less than
five days prior to the designated date that the matter is to be heard.
|
| Source Note: The provisions of this §1.10 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective December 8, 2022, 47 TexReg 8039 |
