Section 157.1057 - Order of Procedure at De Novo Hearing(a) The petitioner may state briefly the nature of the claim or defense, what the petitioner expects to prove, and the relief sought. Immediately after, the respondent may make a similar statement, and the intervenors and other parties will be afforded similar rights as determined by the administrative law judge.(b) Evidence shall then be introduced by the petitioner. The respondent and intervenors shall have the opportunity to cross-examine each of the petitioner's witnesses.(c) Cross-examination is not limited solely to matters raised on direct examination. Parties are entitled to redirect and recross examination.(d) Unless the statement has already been made, the respondent may briefly state the nature of the claim or defense, what the respondent expects to prove, and the relief sought.(e) Evidence, if any, shall be introduced by the respondent. The petitioner and intervenors shall have the opportunity to cross-examine each of the respondent's witnesses.(f) The intervenor and other parties may make their statement, unless they have already done so, and shall introduce their evidence, if any. The petitioner and respondent shall have the opportunity to cross-examine the intervenor's witnesses.(g) The petitioner may present rebuttal evidence.(h) The parties may be allowed closing arguments at the discretion of the administrative law judge.(i) The administrative law judge may permit deviations from this order of procedure in the interests of justice.(j) Parties shall provide four copies of each exhibit offered.(k) At the de novo hearing before the commissioner, any part or all of a certified transcript of sworn testimony and exhibits taken in a hearing before the board of trustees from which the petitioner appeals may be used by any party for any purpose against any party who was present or represented at the hearing before the board of trustees or who had reasonable notice of the meeting. The Texas Rules of Civil Evidence shall be applied to each question and answer as though the witness were then present and testifying. Unavailability of a witness is not a requirement for admissibility. Testimony of a witness in the hearing before the commissioner shall not be precluded solely because the testimony is contained in the record of the hearing before the board of trustees.(l) In any hearing where a party is represented by more than one attorney, a lead attorney must be designated prior to the commencement of the hearing.19 Tex. Admin. Code § 157.1057
The provisions of this §157.1057 adopted to be effective April 7, 1993, 18 TexReg 1928; amended to be effective July 20, 2004, 29 TexReg 6887