|(a) When a request for oral argument is granted pursuant
to §67.87 of this chapter (relating to submission of appeals
to the Board's designee), the Examiner who prepared the proposal for
decision shall, if practicable, present the Proceeding to the Board
or its designee during the Board meeting, or the designee's Proceeding,
at which the case has been placed for final administrative decision.
In presenting the case, the Examiner shall:
(1) concisely state the nature of the case;
(2) concisely state the positions of the Parties;
(3) concisely state his or her proposal for deciding
the case and the basis for that proposal; and
(4) respond to questions concerning the hearing and
the proposal directed to him from a Trustee or the Board's designee.
The Examiner shall not present information that is not part of the
record of the Proceeding.
(b) In a Proceeding that the Executive Director, in
his/her sole discretion, determines should be set for consideration
before the Board, a Party may present oral argument to the Board before
the final determination of any Proceeding by filing with the Executive
Director a written request to do so at least three (3) business days
prior to the day on which the Board is to consider the Proceeding.
If such a request is not timely filed, oral argument shall be allowed
only at the discretion of the Board. In the event that oral argument
is allowed and all Parties are present and prepared to present oral
argument, the case will proceed. Otherwise, the Board may, in its
sole discretion, hear the case in the absence of any Party, any Authorized
Representative or the Examiner, or continue the case to a future meeting.
(c) A Trustee or the Board's designee may question
the Examiner concerning the hearing, the evidence, the proposal for
decision or any other matter concerning the record of the Proceeding.
In responding to a question, the Examiner must advise the chairman
of the Board or the Board's designee if the Examiner believes the
question involves a matter outside the record of the Proceeding or
is otherwise improper. The chairman of the Board or the Board's designee
may ask the general counsel for his/her opinion concerning the propriety
of a particular question. The decision of the chairman of the Board
or the Board's designee concerning the propriety of a question shall
(d) A Trustee or the Board's designee may ask the general
counsel for his/her opinion concerning the legality of a particular
course of action or decision, the law or rules governing a particular
aspect of matters within the jurisdiction of the Board or its designee,
the evaluation of the evidence, or any other legal matter. The general
counsel shall advise the chairman of the Board or the Board's designee
if the general counsel is of the opinion that responding to a particular
question would be inappropriate. The decision of the chairman of the
Board or the Board's designee concerning the propriety of a question
shall be final.
(e) If oral argument is allowed, then each Party will
be given time, not to exceed ten (10) minutes, unless additional time
is allowed by the chairman of the Board or the Board's designee, to
present oral argument to the Board or its designee. Questions by the
Board or its designee and answers to such questions will not be considered
as part of the time limitations described in this section. Oral argument
concerning matters outside the record and proffered documents not
presented during the evidentiary hearing before the Examiner will
not be allowed.
(f) After the Examiner presents his proposal for decision,
the Trustees or the Board's designee have been given an opportunity
to ask questions, oral argument is presented, and the Trustees or
the Board's designee have been given an opportunity to discuss and
consider the case, the Board or its designee shall act on the case
and render a decision.
|Source Note: The provisions of this §67.89 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective May 17, 1988, 13 TexReg 2164; amended to be effective May 30, 1991, 16 TexReg 2737; 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