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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.