Section 850.67 - Powers and Duties of Impartial Hearing Officer(a) The IHO has the authority and duty to: (1) conduct a full and impartial hearing;(2) take action to avoid unnecessary delay in the disposition of the proceeding; and(b) The IHO has the power to regulate the course of the hearing, including the power to: (3) rule on questions of evidence;(4) rule on discovery issues;(5) issue orders relating to hearing and prehearing matters, including orders granting motions to subpoena witnesses and imposing nonmonetary sanctions regarding discovery;(6) admit or deny party status;(7) limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations;(9) request parties to submit legal memoranda, proposed findings of fact, and conclusions of law; and(10) issue decisions based on findings of fact and conclusions of law.(c) Unless required for the disposition of ex parte matters authorized by law, the IHO shall not directly or indirectly communicate in connection with any issue of fact or law with any party or a party's authorized representative, except on notice and opportunity for each party to participate.(d) Discovery conducted under subsection (b) of this section is subject to these rules and the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001, Subchapter D.40 Tex. Admin. Code § 850.67
The provisions of this §850.67 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Adopted by Texas Register, Volume 44, Number 19, May 10, 2019, TexReg 2370, eff. 5/13/2019