(a) Comportment. Every Party, witness, and Authorized
Representative shall comport himself in all Proceedings, depositions,
conferences, meetings and hearings with dignity, courtesy, and respect
for the Board, its designee, the Executive Director, Examiners, and
all other Parties, their Authorized Representatives, and proceeding
participants. Authorized Representatives shall observe and practice
the ethical behavior prescribed for attorneys by the "Texas Lawyers
Creed" and the "Texas Disciplinary Rules of Professional Conduct";
provided, however, that any Authorized Representative who is not licensed
to practice law in the state of Texas shall not, by these rules, engage
in the unauthorized practice of law as set forth in Government Code
Chapter 81, Subchapter G.
(b) Compliance. Upon violation of subsection (a) of
this section, any Party, witness, or Authorized Representative may
be excluded by the Board, its designee, or the Examiner from any hearing
for such period and upon such conditions as are just, or may be subject
to such other just, reasonable, and lawful disciplinary action as
the Board, its designee, or the Examiner may prescribe. Any disciplinary
action taken by the Examiner shall be subject to review by the Board
or its designee. The Examiner is not authorized by these rules to
assess monetary sanctions, attorney's fees, or costs upon any Party
or witness, and any provisions of the Texas Rules of Civil Procedure
relating to the award of monetary sanctions, attorney's fees, or costs
do not provide such authority to the Examiner.
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Source Note: The provisions of this §67.13 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 |