| (a) The ALJ shall conduct a hearing on a protest of
the comptroller's findings under Government Code, §403.302 (g)
or (h) in a manner ensuring fairness, the reliability of evidence,
and the timely completion of the hearing. The ALJ shall have the authority
necessary to receive and consider evidence as provided under this
subchapter and propose decisions only on the grounds for objection
identified and referred by the comptroller.
(b) The comptroller has the burden to prove the accuracy
of the comptroller's findings under Government Code, §403.302(g)
or (h).
(c) The ALJ's authority includes, but is not limited
to, the following:
(1) rule on motions and the admissibility of evidence;
(2) conduct oral hearings in an orderly manner and
expel from any proceeding any individuals who, after an appropriate
warning, fail to comport themselves in a manner befitting the proceeding
and continue with the proceeding, hear evidence, and render a decision
on the protest;
(3) administer oaths to all persons presenting testimony;
(4) examine witnesses and comment on the evidence;
(5) ensure that evidence, argument, and testimony are
introduced and presented expeditiously;
(6) refuse to hear arguments that are repetitious,
not confined to grounds for objection identified and submitted by
the comptroller to SOAH pursuant to this subchapter, or not related
to the evidence;
(7) accept and record any waiver of any right prescribed
in this subchapter;
(8) limit each oral hearing to two hours for presentation
of evidence and argument or extend the two-hour time limit in the
interest of a full and fair hearing; and
(9) exercise any other powers necessary or convenient
to carry out the ALJ's responsibilities and to ensure timely certification
of changes in preliminary findings to the commissioner of education.
(d) The ALJ shall take official notice of the written
policies and procedures of the comptroller pertaining to the property
value study and may take official notice of any statutes, codes and
administrative rules of the State of Texas.
(e) The ALJ may entertain motions for dismissal at
any time as requested by the comptroller. Grounds for dismissal shall
include, but are not limited to, the following:
(1) failure to prosecute;
(2) unnecessary duplication of proceedings or res judicata;
(3) withdrawal of protest;
(4) moot questions or obsolete petition; or
(5) the comptroller has certified amended preliminary
findings pursuant to this subchapter.
(f) The ALJ may grant a request to postpone an oral
protest hearing if good cause is shown and doing so would not prevent
timely certification of changes in preliminary findings to the commissioner
of education. A request to postpone must be in writing, show good
cause for the postponement, and be delivered five calendar days before
the date the protest hearing is scheduled to begin. Good cause does
not include a claim that the time periods established in Government
Code, §403.303(a) or in this subchapter are insufficient. If
requested in writing by the petitioner and for good cause shown, the
ALJ may waive the requirement that the request for postponement be
made five calendar days in advance of the deadline.
(g) Except as otherwise provided in this subchapter,
the ALJ assigned to a protest may not communicate outside of the protest
hearing, directly or indirectly, with any agency, person, petitioner,
petitioner's witness or petitioner's agent regarding any issue of
fact or law relating to the protest unless all parties to the protest
have notice and opportunity to participate.
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