Current through Reg. 49, No. 38; September 20, 2024
(a) A person may represent himself or
herself.
(b) A person may be
represented by an attorney authorized to practice law in the State of Texas or
other representative when authorized by law.
(c) A party's representative shall enter his
or her appearance in the case by filing a notice of appearance with the
administrative hearings clerk.
(d)
A party's representative of record shall be copied on all notices, pleadings,
and other correspondence.
(e) A
party's attorney of record remains the attorney of record in the absence of a
formal withdrawal, and an order approving such withdrawal must be issued by the
administrative law judge.
(f) Not
more than one representative for each party or aligned group of parties shall
be heard on any question or in the hearing except upon leave of the
administrative law judge.
(g) Party
representatives shall:
(1) observe the letter
and spirit of the Texas Lawyer's Creed, as adopted by the Texas Supreme Court,
and the State Bar of Texas' Texas Disciplinary Rules of Professional Conduct,
including those provisions concerning improper ex parte communications with the
commissioner and the administrative law judge;
(2) advise their clients and witnesses of
applicable requirements of conduct and decorum; and
(3) direct all objections, arguments, and
other comments to the administrative law judge and not to other
participants.
(h)
Conduct and Decorum:
(1) Those who attend or
participate in hearings should conduct themselves in a manner respectful of the
conduct of public business, and conducive to orderly and polite discourse. All
those in attendance shall comply with the administrative law judge's directions
concerning the offer of public comment, and conduct and decorum.
(2) In a hearing before the administrative
law judge, the administrative law judge shall first warn a person violating
this section to refrain from the specific conduct in violation. Upon further
violation of this section by the same person, the administrative law judge may
exclude that person from the proceeding for such time and under such conditions
as necessary to correct the situation. Violation of this section shall also be
sufficient cause for the administrative law judge to recess the
hearing.
(i)
Consolidation and Severance of Issues and Parties:
(1) Consolidation. Consistent with notices
required by law, the administrative law judge may consolidate related cases or
claims if consolidation will not prejudice any party and may save time and
expense or otherwise benefit the public interest and welfare.
(2) Severance. The administrative law judge
may sever issues in a proceeding or hold special hearings on separate issues if
doing so will not prejudice any party and may save time and expense or benefit
the public interest and welfare. The administrative law judge may sever
contested enforcement cases or claims involving any number of parties, upon
motion by any party, where the party can show that the party would be unduly
prejudiced if severance were not granted.
(j) Ex Parte Communication:
(1) No ex parte communication. Unless
required for the disposition of an ex parte matter authorized by law, during
the pendency of a contested case before the administrative law judge and the
commissioner, no party, person, or their representatives shall communicate
directly or indirectly with the administrative law judge or the commissioner
concerning any issue of fact or law relative to the pending case, except on
notice and opportunity for all parties to participate.
(2) Utilizing special skills of the agency.
The administrative law judge may seek the special skills or knowledge of agency
staff in evaluating the evidence in a contested case. The administrative law
judge shall follow the following procedure:
(A) The administrative law judge shall issue
an order, copied to all parties, asking the agency to assign a staff person
with expertise who has not participated in the proceeding or in the processing
of the matter being considered for potential consultation;
(B) All communications between the designated
staff expert and the administrative law judge shall be either recorded or in
writing, and all such communications submitted to or considered by the
administrative law judge shall be made available as public records when the
proposal for decision is issued; and
(C) During the pendency of the case before
the administrative law judge and the commissioner, no party, person, or their
representatives shall communicate directly or indirectly with the designated
staff expert assigned to assist the administrative law judge concerning any
issue of fact or law relative to the pending case, except on notice and
opportunity for all parties to participate.
