Texas Register, Volume 3, Number 8, Pages 345-413, January 31, 1978 Page: 390
345-413 p. ; 28 cm.View a full description of this periodical.
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.017 Licenses. When a licensee has made timely and
sufficient application for the renewal of a license or a new
license for any activity of a continuing nature, the existing
license does not expire until the application has been finally
determined by the board or unless it has been terminated ac-
cording to statute and rule, and, in case the application is
denied or the license is in some manner limited, until the last
day for seeking review of the board order or a later date when
fixed by order of a reviewing court.
.018. Contested Proceedings.
(a) Before revoking, cancelling, or suspending any
license, or denying an application for a license, or reprimand-
ing or censoring any licensee, the board will afford all parties
an opportunity for hearing after reasonable notice of not less
than 10 days.
(b) Such notice shall include:
(1) a statement of time, place, and nature of the
hearing;
(2) a statement of the legal authority and juridic-
tion under which the hearing is to be held;
(3) a reference to the particular sections of the
statutes and rules involved; and
(4) a short and plain statement of the matters
asserted.
(c) If the board or other party is unable to state the
matters in detail at the time the notice is served, the initial
notice may be limited to a statement of the issues involved.
Thereafter, on timely written application, a more definite
and detailed statement must be furnished not less than three
days prior to the date set for the hearing.
.019. Personal Service. All notices of which personal serv-
ice is required by law shall be addressed to the person entitled
thereto, and shall set forth the names of all other parties, the
nature and subject matter of the proceeding, the time and
place of hearing, and any other matter required by law.
.020. Pre-Hearing Conference.
(a) In any proceeding, the board or the hearing officer,
on its or his own motion or the motion of a party, may direct
the parties, their attorneys, or representatives to appear
before the board or the hearing officer at a specified time and
place for a conference prior to the hearing for the purpose of
formulating issues and considering:
(1) the simplification of issues;
(2) the possibility of making admissions of certain
averments of fact or stipulations concerning the use by either
or both parties of matters of public record, such as annual re-
ports, to the end of avoiding the unnecessary introduction of
proof;
(3) the procedure at a hearing;
(4) the limitation, where possible, of the number of
witnesses; and
(5) such other matters as may aid in the simplifica-
tion of the proceedings, and the disposition of the matters in
controversy, including settlement of such issues as in dispute.
(b) Unless precluded by law, informal dispositions may
be made of any contested case by stipulation, agreed settle-
ment, or consent order of default. /
(c) Action taken at the conference shall be recorded in
an appropriate order by the board or the hearing officer,
unless the parties enter into a written agreement approved
by the board or the hearing officer..021. Motions for Postponement, Continuance, Withdrawal,
or Dismissal of Applications or Other Matters before the Board.
Motions for postponement, continuance, withdrawal, or dis-
missal of applications or other matters which have been duly
set for hearing shall be in writing, shall be filed with the
board or the hearing officer, and distributed to all interested
parties, over a certificate of service, not less than five days
prior to the designated date that the matter is to be heard.
Such motion shall set forth, under oath, the specific grounds
upon which the moving party seeks such actions and shall
make reference to all prior motions of the same nature filed
in the same proceeding. Failure to comply with the above, ex-
cept for good cause shown, may be construed as lack of
diligence on the part of the moving party, and at the discre-
tion of the board or hearing officer may result in the dis-
missal of the application or other matter in issue, with pre-
judice to refiling. Once an application has actually proceeded
to a hearing, pursuant to the notice issued thereon, no
postponement or continuance shall be granted by the hearing
officer without the consent of all parties involved, unless the
board shall have ordered such postponement or continuance.
.022. Place and Nature of Hearing. All hearings con-
ducted in any proceeding shall be open to the public unless.
otherwise covered by statute. Hearings will be held at places
designated by the board.
,023. Presiding Offwer
(a) Hearings will be conducted by the board or a hear-
ing officer who shall have authority to administer oaths, to
examine witnesses, and to rule upon the admissibility of evi-
dence and amendments to pleadings. The board or hearing
officer shall have the authority to recess any hearing from
day to day or time to time.
(b) If the hearing officer dies, becomes disabled or
withdraws, or is removed from the case at any time before the
final decision thereof, the board may appoint another who
may perform any remaining function without the necessity of
repeating any previous proceedings in the case.
.024. Order of Procedure.
(a) In all proceedings the petitioner, applicant, or com-
plainant, respectively, shall be entitled to open and close.
The board or the hearing officer shall determine at what
stage intervenors shall be permitted to offer evidence, if any.
After all parties have completed the presentation of their evi-
dence, the board or the hearing officer may call upon any par-
ty or the staff of thie board for further material or relevant
evidence upon any issue, to be presented at a future further
hearing after notice to all parties of record, which notice may
be announced during such hearing.
(b) The board or hearing officer shall direct all parties
to enter their appearances on the record. If exceptions to the
form or sufficiency of a pleading have been filed in writing it"
least three days prior to the date of the hearing, they shall be
heard; otherwise not. If exceptions are sustained, amend-
ments may be allowed provided the hearing is not delayed,
subject to the provisions of Rule .015.
.025. Reporters and Transcript.
(a) The board may grant a party's written request that
proceedings be transcribed. The cost of the original
transcript shall be assessed to the party requesting the
transcript and the original copy of the transcript shall be
delivered to the board.Volume 3, Number 8. January 31, 1978
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Texas. Secretary of State. Texas Register, Volume 3, Number 8, Pages 345-413, January 31, 1978, periodical, January 31, 1978; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252898/m1/46/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.