| (a) Judge's authority and duties. The judge shall have
the authority and duty to:
(1) conduct a full, fair, and efficient hearing;
(2) take action to avoid unnecessary delay in the disposition
of the proceeding; and
(3) maintain order.
(b) Judge's powers. The judge shall have the power
to regulate prehearing matters, the hearing, posthearing matters,
and the conduct of the parties and authorized representatives, including
the power to:
(1) administer oaths;
(2) take testimony, including the power to question
witnesses and to request the presence of a witness from a state agency;
(3) rule on questions of evidence;
(4) rule on discovery issues;
(5) issue orders relating to hearing and prehearing
matters, including orders imposing sanctions;
(6) admit or deny party status;
(7) designate the party with the burden of proof pursuant
to §155.427 of this chapter;
(8) exclude irrelevant, immaterial, and unduly repetitious
testimony and reasonably limit the time for presentations of evidence
or argument;
(9) order parties to submit legal memoranda and proposed
findings of fact and conclusions of law;
(10) reopen the record when justice requires, if the
judge has not issued a dismissal, proposal for decision, or final
decision;
(11) issue proposals for decision pursuant to Tex.
Gov't Code §2001.062 and, when authorized, final decisions;
(12) rule on motions for rehearing, when authorized;
(13) reopen the record after a proposal for decision
has been issued when a case is remanded by a referring agency for
further proceedings; and
(14) reopen the record after a final decision has been
issued by SOAH if the judge grants a motion for rehearing, or when
a case is remanded by a court to SOAH for further proceedings.
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