Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,728
10639-10789 p. ; 28 cm.View a full description of this periodical.
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(b) Request for Hearing. TYC on its own motion, or upon
the receipt of a petition or application from a party, may initiate a
hearing. A petition or application for a hearing by a party must be
received by the agency within 30 days after the party received notice
of the action giving rise to the request for hearing.
(c) Place of Hearing. All hearings, unless otherwise deter-
mined by the commission, shall be held in Austin, Texas.
(d) Presiding Officer.
(1) Hearings will be conducted by the executive director
or by a hearing officer appointed by the executive director hereafter
referred to as the hearing officer. The hearing officer shall have the
authority to administer oaths, to examine witnesses, and to rule upon
the admissibility of evidence and amendments to pleadings. The
hearing officer shall have the authority to recess the hearing from
day to day.
(2) If for any reason the hearing officer first appointed by
the executive director shall fail to complete the hearing, the executive
director may appoint another hearing officer who may perform any
function remaining to be performed without the necessity of repeating
any previous proceedings in the case.
(e) Notice of Hearing.
(1) All parties will be afforded an opportunity for hearing
after reasonable written notice of not less than 10 days, which notice
shall be sent by the hearing officer by registered or certified mail to
the parties or their representatives.
(2) The notice of hearing shall include:
(A) the name and address of the person or represen-
tative designated in the request for hearing to receive notices and
written communications;
(B) a statement of the time, place and nature of the
hearing;
(C) a statement of the legal authority and jurisdiction
under which the hearing is to be held;
(D) a reference to the particular statutes and rules
involved, if any; and
(E) a short and plain statement of the matters asserted.
If the commission 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 of the issues must be furnished
the parties not less than three days prior to the date set for the hearing.
(f) Classification of Parties. In their pleadings, parties
may classify themselves as applicants, petitioners, respondents,
protestants, complainants, etc., but regardless of such classifications,
the hearing officer has the authority to determine and designate their
true status whenever necessary.
(g) Representation. A party may appear personally and/or be
represented by counsel or other authorized representative.
(h) Pleadings. All pleadings shall contain the following:
(1) the name of the party seeking to affect agency action;
(2) the names of all known parties of interest;(3) a concise statement of the facts relied upon by the
pleader;
(4) a prayer stating the type of relief, action, or order
desired by the pleader;
(5) any other matter required by statute; and
(6) a certificate of service showing that copies of the
pleading have been mailed to all other parties by registered or certified
mail. The certificate of service must be signed by the person or agent
filing the pleading.
(i) Prehearing Conference.
(1) The hearing officer, on his or her own motion or
the motion of a party, may direct the parties, their attorneys, or
representatives to appear at a specified time and place for a conference
prior to the hearing for the purpose of:
(A) the formulation and simplification of issues;
(B) determining the necessity or desirability of
amending the pleadings;
(C) providing for admission or stipulations;
(D) specifying the procedure of the hearing;
(E) limiting the number of witnesses;hibits;
hearing.(F) mutual exchange of prepared testimony and ex-
(G) alignment of parties; or
(H) determining other matters which may expedite the(2) The prehearing conference may be conducted by
conference telephone call.
(3) The hearing officer shall conduct the prehearing
conference in such a manner as to expedite the conference while
reaching a fair, just, and equitable determination of any matters or
issues being considered.
(4) The hearing officer shall have the conference recorded
in an appropriate manner and shall issue any orders necessary as a
result of the conference.
(5) Actions taken at the conference shall be reduced to
writing and signed by the parties and thereafter made a part of the
record.
(j) Conduct of Hearing. The hearing officer shall preside
over and conduct the hearing. On the day and time designated for
the hearing, the hearing officer shall:
(1) convene and call the hearing to order;
(2) state the purpose of, and the legal authority for, the
hearing;
(3) announce that a record of the hearing will be made;
(4) outline the hearing procedure;
(5) announce the order of presentation;
(6) administer oaths to those intending to testify;
(7) order sequestration of the witnesses if desired; and21 TexReg 10728 October 29, 1996
Texas Register
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/90/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.