1 Tex. Admin. Code § 155.153
Current through Register Vol. 49, No. 48, November 29, 2024
Section 155.153 - Powers and Duties(a) Judge's authority and duties. The judge shall have the authority and duty to: (1) conduct a full, fair, and efficient hearing;(2) take action to avoid unnecessary delay in the disposition of the proceeding; and(b) Judge's powers. The judge shall have the power to regulate prehearing matters, the hearing, posthearing matters, and the conduct of the parties and authorized representatives, including the power to: (2) take testimony, including the power to question witnesses and to request the presence of a witness from a state agency;(3) rule on questions of evidence;(4) rule on discovery issues;(5) issue orders relating to hearing and prehearing matters, including orders imposing sanctions;(6) admit or deny party status;(7) designate the party with the burden of proof pursuant to § RSA 155.427 of this chapter;(8) exclude irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations of evidence or argument;(9) order parties to submit legal memoranda and proposed findings of fact and conclusions of law;(10) reopen the record when justice requires, if the judge has not issued a dismissal, proposal for decision, or final decision;(11) issue proposals for decision pursuant to Tex. Gov't Code § RSA 2001.062 and, when authorized, final decisions;(12) rule on motions for rehearing, when authorized;(13) reopen the record after a proposal for decision has been issued when a case is remanded by a referring agency for further proceedings; and(14) reopen the record after a final decision has been issued by SOAH if the judge grants a motion for rehearing, or when a case is remanded by a court to SOAH for further proceedings.1 Tex. Admin. Code § 155.153
The provisions of this §155.153 adopted to be effective November 26, 2008, 33 TexReg 9451; Amended by Texas Register, Volume 41, Number 44, October 28, 2016, TexReg 8601, eff. 1/1/2017