|(a) Formal exceptions to rulings of the Examiner during
a hearing shall be unnecessary, but if made, they should be in accord
with §67.69 of this chapter (relating to rules of evidence).
It shall be sufficient that the Party, at the time any ruling is made
or sought, makes known to the Examiner the action which he desires.
(b) When testimony is excluded by ruling of the Examiner,
the Party offering the evidence shall be permitted to make an offer
of proof by dictating into the hearing tape recording or other media
or submitting in writing the substance of the adopted testimony, prior
to the conclusion of the hearing, and that offer of proof shall be
sufficient to preserve the point for review by the Board or its designee.
Examiners may ask such clarifying questions of the witness as allowed
in §67.55(b) of this chapter (relating to order of procedure)
as necessary to establish that the witness would testify as represented
in the offer of proof. An alleged error in sustaining an objection
to questions asked on cross-examination may be preserved without making
an offer of proof.
|Source Note: The provisions of this §67.61 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302