| (a) The IHO 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 IHO 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 continuances;
(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 IHO shall not directly or indirectly
communicate in connection with any issue of fact or law with any party
or a party's authorized representative, except on notice and opportunity
for each party to participate.
(d) Discovery conducted under subsection (b) of this
section is subject to these rules and the Texas Administrative Procedure
Act, Texas Government Code, Chapter 2001, Subchapter D.
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