Texas Administrative Code
Title 1 - ADMINISTRATION
Part 7 - STATE OFFICE OF ADMINISTRATIVE HEARINGS
Chapter 155 - RULES OF PROCEDURE
Subchapter D - JUDGES
Section 155.153 - Powers and Duties

Universal Citation: 1 TX Admin Code ยง 155.153

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

(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 § RSA 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 § RSA 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.

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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