Section 12.84 - Presentation of Evidence(a) After the resolution of all prehearing matters, each party shall make its presentation during the formal hearing. Commission staff shall make the first opening statement. The respondent or respondent's authorized representative shall then make an opening statement, should the respondent wish to do so at that time. The respondent may reserve the opening statement until the presentation of the respondent's case.(b) Following opening statements, commission staff may present evidence in its case. At the conclusion of the presentation of the evidence, commission staff may rest. The respondent or the respondent's authorized representative may then make an opening statement, or, if an opening statement has already been made, present evidence in its defense of the allegations raised in the notice of formal hearing. At the conclusion of the presentation of evidence by the respondent, the respondent may rest.(c) After both parties have rested their case, commission staff shall make a closing argument. The respondent may then make a closing argument. Commission staff may then make a reply.(d) Unless otherwise ordered by the presiding officer, after closing arguments, evidence will be closed and the case will be turned over to the members of the commission for deliberation and decision.1 Tex. Admin. Code § 12.84
Adopted by Texas Register, Volume 43, Number 08, February 23, 2018, TexReg 1044, eff. 2/28/2018; Amended by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4737, eff. 7/13/2020; Adopted by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8578, eff. 10/27/2024