| (a) Procedures.
(1) Hearings shall be conducted in accordance with
the APA, Texas Government Code, Chapter 2001, when applicable, and
with this chapter, provided that if there is a conflict between the
APA and this chapter, this chapter shall govern. If a conflict exists
between this chapter and the Texas Transportation Code, Chapters 522,
524, or 724, and these rules cannot be harmonized with those chapters,
the applicable Texas Transportation Code provision controls.
(2) Once the hearing has begun, the parties may be
off the record only when the judge permits. If a discussion off the
record is pertinent, the judge will summarize it for the record.
(3) ALR hearings shall be conducted in a fair and expeditious
manner. In the interest of justice and efficiency, the judge may determine
the order in which cases are heard, impose reasonable conditions on
the length of time required for a hearing, question witnesses, and
protect witnesses from abusive, repetitious, or unreasonably prolonged
questioning.
(4) The judge shall exclude testimony or any evidence
which is irrelevant, immaterial, or unduly repetitious.
(b) Evidence. Except as otherwise provided by Texas
Government Code § 2001.081, the rules of evidence as applied
in a non-jury civil case in a district court of this state shall apply
in ALR proceedings.
(c) Witnesses and affidavits.
(1) All witnesses shall testify under oath.
(2) An officer's sworn report of relevant information
shall be admissible as a public record. However, the defendant shall
have the right to subpoena the officer in accordance with §159.103
of this title (relating to Subpoenas). If the defendant timely subpoenas
an officer and the officer fails to appear without good cause, information
obtained from that officer shall not be admissible. In the alternative,
if the party who requested the subpoena wants to seek enforcement
of the subpoena, the judge may grant the party a continuance.
(3) The judge, on his or her own motion or on request
of a party, may allow the testimony of any witness to be taken by
telephone or videoconference, provided that all parties have the opportunity
to participate in and hear the proceeding. All substantive and procedural
rights apply to the telephone or videoconference appearance of a witness,
subject to the limitations of the physical arrangement as described
in §159.209(c) of this title (relating to Participation by Telephone
or Videoconference).
(4) If a witness, in preparation for or during testimony,
reviews any document that has not been prefiled and the opposing party
requests an opportunity to review the document, the judge may allow
the witness to present or read the document to the opposing party.
(d) Record of hearing.
(1) The judge shall make an accurate and complete recording
of the oral proceedings of the hearing.
(2) SOAH will maintain a case file that includes the
recording, pleadings, evidence, and the judge's decision.
(3) SOAH will maintain case files in accordance with
the terms of its records retention schedule.
(e) Interpreters. When an interpreter will be needed
for all or part of a proceeding, a party shall file a written request
at least seven days before the hearing. If the defendant fails to
make a timely request, the judge may provide an interpreter or may
continue the hearing to secure an interpreter. SOAH shall provide
and pay for:
(1) an interpreter for deaf or hearing impaired parties
and subpoenaed witnesses in accordance with § 2001.055 of the
APA;
(2) reader services or other communication services
for blind and sight-impaired parties and witnesses; and
(3) a certified language interpreter for parties and
witnesses who need that service.
(f) Simultaneous ALR Appearances. If defense counsel
is scheduled to appear in more than one ALR proceeding at the same
time, the attorney may request the judge to facilitate the attorney's
appearance at both hearings by controlling the order in which cases
are heard.
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