Texas Administrative Code
Title 1 - ADMINISTRATION
Part 2 - TEXAS ETHICS COMMISSION
Chapter 12 - SWORN COMPLAINTS
Subchapter E - FORMAL HEARING
Division 3 - POWERS AND DUTIES OF COMMISSION AND PRESIDING OFFICER
Section 12.131 - Powers and Duties of the Presiding Officer

Universal Citation: 1 TX Admin Code ยง 12.131

Current through Reg. 49, No. 38; September 20, 2024

(a) Presiding officer's authority and duties. The presiding officer 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;

(3) maintain order; and

(4) rule on prehearing matters.

(b) Presiding officer's powers. The presiding officer shall have the power to regulate the hearing, 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 admissibility and other questions of evidence;

(4) rule on discovery issues;

(5) issue orders pursuant to this chapter, including orders imposing sanctions;

(6) exclude irrelevant, immaterial, or unduly repetitious testimony;

(7) reasonably limit the time for presentations of evidence or argument;

(8) order parties to submit legal memoranda and proposed findings of fact and conclusions of law; and

(9) reopen the record when justice requires, if the commission has not issued a final order.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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