|(a) Notice of oral argument. All parties shall be given
notice of the opportunity to attend and provide oral argument concerning
a proposal for decision before the board. The ALJ who issued the proposal
for decision shall be given notice of the opportunity to attend and
provide a summation of the proposal for decision before the board.
The ALJ is not required to attend the presentation of the proposal
for decision before the board. Notice shall be sent to the party or
the party's attorney of record as set out in Texas Government Code, §2001.142(a).
Notice to the ALJ may be provided by facsimile, e-mail, telephone,
hand delivery, regular mail, certified mail - return receipt requested,
courier service, or registered service.
(b) Arguments before the Board. The order of the proceeding
shall be as follows:
(1) the ALJ may present and explain the proposal for
(2) the party adversely affected shall briefly state
the party's reasons for being so affected supported by the evidence
(3) the other party or parties shall be given the opportunity
(4) the party with the burden of proof shall have the
right to close;
(5) board members may question any party as to any
matter relevant to the proposal for decision and evidence presented
at the hearing;
(6) at the end of all arguments by the parties, the
board may deliberate in closed session and any action shall be taken
in open session.
(c) Limitation. A party shall not inquire into the
mental processes used by the board in arriving at its decision, nor
be disruptive of the orderly procedure of the board's routines.
|Source Note: The provisions of this §187.35 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective June 5, 2014, 39 TexReg 4256; amended to be effective February 21, 2016, 41 TexReg 1119; amended to be effective December 31, 2020, 45 TexReg 9524