| (a) Hearing officer. The term "hearing officer" as
used in this section includes the board when presiding over a hearing.
(b) Powers and duties. A hearing officer shall conduct
fair hearings and shall take all necessary action to administer the
disposition of contested cases. A hearing officer's powers include,
but are not limited to the authority to:
(1) administer oaths;
(2) examine witnesses;
(3) rule upon the admissibility of evidence;
(4) rule upon motions; and
(5) regulate the course of the contested case hearing
and the conduct of the parties and their authorized representatives.
(c) Recusal.
(1) If the hearing officer determines that he or she
should be recused from a particular contested case hearing, the hearing
officer shall withdraw from the contested case by giving notice on
the record and by notifying the chief hearing officer.
(2) A party may file a motion to recuse the hearing
officer. The motion to recuse shall be supported by an affidavit setting
forth the alleged grounds for disqualification. A copy of the motion
shall be served on the hearing officer who shall have 10 days to reply,
and a copy shall be served on all parties or their authorized representatives.
(3) If the hearing officer contests the alleged grounds
for disqualification, the chief hearing officer shall promptly determine
the validity of the grounds alleged and render a decision.
(d) Substitution of hearing officer. If the hearing
officer is disqualified, dies, becomes disabled, or withdraws during
any contested case proceeding, the chief hearing officer may appoint
another hearing officer to preside over the remainder of the contested
case proceeding.
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| Source Note: The provisions of this §215.41 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
