Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 2 - RULES OF PRACTICE AND PROCEDURE
Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS
Section 2.4 - Powers and Duties of the Administrative Law Judge
Universal Citation: 31 TX Admin Code ยง 2.4
Current through Reg. 49, No. 38; September 20, 2024
(a) The administrative law judge shall have the authority and duty to:
(1) establish the
jurisdiction of the agency;
(2)
conduct a full, fair, and impartial hearing;
(3) take action to avoid unnecessary delay in
the disposition of the proceeding; and
(4) maintain order in the conduct of the
hearing.
(b) The administrative law judge shall have the power to regulate the course of the hearing and conduct of the parties and their authorized representatives, including the power to:
(1) set hearing
dates;
(2) convene the hearing at
the time and place specified in the notice of hearing;
(3) examine and administer oaths to
witnesses;
(4) remove persons whose
conduct impedes the orderly progress of the hearing;
(5) restrict attendance as permitted by the
Texas Rules of Civil Procedure;
(6)
take testimony;
(7) designate and
align parties;
(8) rule on motions
and on the admissibility of evidence and amendment of pleadings;
(9) rule on discovery issues;
(10) establish discovery deadlines, limit
discovery methods, compel discovery and issue sanctions for discovery
violations;
(11) issue orders
relating to hearing and prehearing matters, including orders imposing
sanctions, if allowed by applicable law;
(12) admit or deny party status;
(13) limit irrelevant, immaterial, and unduly
repetitious testimony and reasonably limit the time for
presentations;
(14) grant or deny a
continuance;
(15) request parties
to submit legal memoranda, proposed findings of fact and conclusions of
law;
(16) issue subpoenas to compel
the attendance of witnesses, or the production of papers or
documents;
(17) authorize the
taking of depositions;
(18) set
prehearing conferences and issue prehearing orders;
(19) ensure that information and testimony
are introduced as conveniently and expeditiously as possible, including without
limitation, limiting the time of argument and presentation of evidence and
examination of witnesses without unfairly prejudicing the rights of parties to
the proceedings;
(20) limit
testimony to matters under the commissioner's jurisdiction;
(21) continue any hearing from time to time
and from place to place;
(22)
reopen the record of a hearing, before a proposal for decision is issued, for
additional evidence where necessary to ensure fairness;
(23) issue proposals for decision pursuant to
the APA, §2001.062.
(24)
dismiss a case for lack of prosecution; and
(25) exercise any other appropriate powers
necessary or convenient to ensure fairness, due process, and the interests of
justice.
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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