Current through Reg. 49, No. 38; September 20, 2024
(a) Procedures.
(1) Hearings shall be conducted in accordance
with the APA, Texas Government Code, Chapter 2001, when applicable, and with
this chapter, provided that if there is a conflict between the APA and this
chapter, this chapter shall govern. If a conflict exists between this chapter
and the Texas Transportation Code, Chapters 522, 524, or 724, and these rules
cannot be harmonized with those chapters, the applicable Texas Transportation
Code provision controls.
(2) Once
the hearing has begun, the parties may be off the record only when the judge
permits. If a discussion off the record is pertinent, the judge will summarize
it for the record.
(3) ALR hearings
shall be conducted in a fair and expeditious manner. In the interest of justice
and efficiency, the judge may determine the order in which cases are heard,
impose reasonable conditions on the length of time required for a hearing,
question witnesses, and protect witnesses from abusive, repetitious, or
unreasonably prolonged questioning.
(4) The judge shall exclude testimony or any
evidence which is irrelevant, immaterial, or unduly repetitious.
(b) Evidence. Except as otherwise
provided by Texas Government Code §
2001.081, the rules
of evidence as applied in a non-jury civil case in a district court of this
state shall apply in ALR proceedings.
(c) Witnesses and affidavits.
(1) All witnesses shall testify under
oath.
(2) An officer's sworn report
of relevant information shall be admissible as a public record. However, the
defendant shall have the right to subpoena the officer in accordance with
§
159.103 of this title (relating to
Subpoenas). If the defendant timely subpoenas an officer and the officer fails
to appear without good cause, information obtained from that officer shall not
be admissible. In the alternative, if the party who requested the subpoena
wants to seek enforcement of the subpoena, the judge may grant the party a
continuance.
(3) The judge, on his
or her own motion or on request of a party, may allow the testimony of any
witness to be taken by telephone or videoconference, provided that all parties
have the opportunity to participate in and hear the proceeding. All substantive
and procedural rights apply to the telephone or videoconference appearance of a
witness, subject to the limitations of the physical arrangement as described in
§
159.209(c) of this
title (relating to Participation by Telephone or Videoconference).
(4) If a witness, in preparation for or
during testimony, reviews any document that has not been prefiled and the
opposing party requests an opportunity to review the document, the judge may
allow the witness to present or read the document to the opposing
party.
(d) Record of
hearing.
(1) The judge shall make an accurate
and complete recording of the oral proceedings of the hearing.
(2) SOAH will maintain a case file that
includes the recording, pleadings, evidence, and the judge's
decision.
(3) SOAH will maintain
case files in accordance with the terms of its records retention
schedule.
(e)
Interpreters. When an interpreter will be needed for all or part of a
proceeding, a party shall file a written request at least seven days before the
hearing. If the defendant fails to make a timely request, the judge may provide
an interpreter or may continue the hearing to secure an interpreter. SOAH shall
provide and pay for:
(1) an interpreter for
deaf or hearing impaired parties and subpoenaed witnesses in accordance with
§ 2001.055 of the APA;
(2)
reader services or other communication services for blind and sight-impaired
parties and witnesses; and
(3) a
certified language interpreter for parties and witnesses who need that
service.
(f) Simultaneous
ALR Appearances. If defense counsel is scheduled to appear in more than one ALR
proceeding at the same time, the attorney may request the judge to facilitate
the attorney's appearance at both hearings by controlling the order in which
cases are heard.
