Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 1 - PRACTICE AND PROCEDURE
Subchapter G - HEARINGS
Section 1.101 - Examiner's Powers and Duties

Universal Citation: 16 TX Admin Code ยง 1.101

Current through Reg. 49, No. 12; March 22, 2024

(a) For any assigned case and subject to any limitations imposed by law or by Commission rule, the examiner shall have broad discretion in regulating the course and conduct of the hearing. The examiner's authority includes, but is not limited to, the following authority:

(1) to administer oaths and affirmations;

(2) to issue subpoenas to compel the attendance of witnesses and the production of papers and documents;

(3) to authorize the taking of depositions and issue discovery orders;

(4) to call and examine witnesses;

(5) to receive evidence;

(6) to rule upon the admissibility of evidence and amendments to pleadings;

(7) to limit the number of witnesses whose testimony would be merely cumulative;

(8) to set reasonable times within which a party may testify, cross-examine witnesses, or present evidence;

(9) to impose sanctions;

(10) to maintain order in a hearing;

(11) to recess any hearing;

(12) to issue a proposal for decision, including proposed findings of fact and conclusions of law and a recommended order;

(13) to reopen the record when justice requires;

(14) to amend the proposal for decision or recommended order, or both;

(15) to issue a supplemental or amended proposal for decision and proposed order;

(16) to review the jurisdiction of the Commission and standing of parties as it pertains to a contested case;

(17) to issue orders relating to hearing, prehearing and posthearing matters; and

(18) to take other permissive action which is necessary for a fair, just, and proper hearing.

(b) If at any time the examiner is unable to continue to serve, the Hearings Director may appoint another examiner to perform any remaining functions without the necessity of repeating previous proceedings.

(c) At their discretion, the Commissioners may preside over contested cases pursuant to this section.

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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