| (a) The impartial hearing officer has the authority
and duty to:
(1) conduct a full and impartial hearing;
(2) take action to avoid unnecessary delay in the disposition
of the proceeding; and
(3) maintain order.
(b) The impartial hearing officer has the power to
regulate the course of the hearing, including the power to:
(1) administer oaths;
(2) take testimony;
(3) rule on questions of evidence;
(4) rule on discovery issues;
(5) issue orders relating to hearing and prehearing
matters, including orders granting motions to subpoena witnesses and
imposing nonmonetary sanctions regarding discovery;
(6) admit or deny party status;
(7) limit irrelevant, immaterial, and unduly repetitious
testimony and reasonably limit the time for presentations;
(8) grant continuance(s);
(9) request parties to submit legal memoranda, proposed
findings of fact, and conclusions of law; and
(10) issue decisions based on findings of fact and
conclusions of law.
(c) Unless required for the disposition of ex parte
matters authorized by law, the impartial hearing officer may not directly
or indirectly communicate in connection with any issue of fact or
law with the commissioner or any party or a party's authorized representative,
except on notice and opportunity for each party to participate.
(d) The authority of the impartial hearing officer
concerning any discovery under subsection (b) of this section is subject
to the authority granted by these rules or the Texas Administrative
Procedure Act, Texas Government Code, Chapter 2001.
|
