Texas Register, Volume 2, Number 12, Pages 507-562, February 11, 1977 Page: 517
507-562 p. ; 28 cm.View a full description of this periodical.
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517
shall be limited to fact material and relevant to the
issues involved in a particular proceeding. The presid-
ing officer, at the request of the person introducing an
exhibit, may instruct the hearings reporter to make a
copy and return the original. Such copy shall have the
same evidentiary value as the original.
If an exhibit has been identified, objected to, and ex-
cluded, the offering party may elect to withdraw the
same and have it returned. In a contested case, if the
excluded exhibit is not withdrawn, it shall be given an
exhibit number for identification, endorsed by the
presiding officer with the ruling, and included in the
record for the purpose of preserving the exception.
Unless specifically permitted by the presiding officer,
no exhibit may be filed in any matter after the conclu-
sion of the hearing. In such events, copies of the same
shall be served on all parties of record.
.116. The Effective Date of Official Acts or Orders in
Non-Rulemaking and Non-Contested Matters. The
effective date of official acts or orders of the board or
fire marshal in non-rulemaking .nd non-contested
matters shall be the date of the instrument evidencing
same unless said instrument provides for a later effec-
tive date. In such a case a request for hearing under
Rule 059.01.09.105 does not of itself stay the official act
or order.
. 117. Amendment and Suspension of Orders. The
board and the fire marshal may amend their respective
orders. Pending appe al and final diposition of a matter,
the board may suspend the effectiveness of the fire
marshal's order.
.118. Evidence in Non-Contested Cases. In a non-
contested case, evidence which has probative value
shall not be excluded even though it is not presented in
a form which would make it admissible if offered in a
court. (For evidentiary rules in contested cases see
Rule 059.01.09.127-.157.)
.119. Notice and Service in Non-Rulemaking Pro-
ceedings and Non-Contested Cases. In non-rulemaking
proceedings and non-contested cases, those known to
the agency to be interested persons shall be advised of
the proceeding through depositing a written notice
thereof, properly addressed, in the United States mails.
Any entry in the board's or fire marshal's hearing
docket made in accordance with these rules and pro-
perly filed with the secretary of state shall be deemed
notice to the general public. Unless otherwise provided
by law, no less than 10 days notice shall be given. Such
time shall be measured from the date notice is
deposited in the United States mails. The form of
notice shall be deemed sufficient if it fairly apprises in-
terested persons of the date, time, and place of the
hearing and of the subject to be considered in the pend-
ing matter..120. Procedural and Substantive Severability. The
provisions of these rules are procedural as well as sub-
stantive, but principally procedural, and each rule capa-
ble of interpretation as being procedural and substan-
tive is, in application, severable as a procedural and as a
substantive rule.
.127. Official Action to Be Taken. Neither the
board nor the fire marshal shall take official action in a
contested case unless it be formally pending for ad-
judication. and unless it be a real case. controversy, or
issue; except that an official ruling or opinion may be
made in advance on any matter at the discretion of the
board or the fire marshal if it be shown that unreasona-
ble hardship. loss, or delay would result if the matter
were not determined in advance. This rule shall not in
any manner limit the right to an adjudicative hearing
as provided by law, and shall not be interpreted as limit-
ing the right of the board or the fire marshal, on its own
motion, to cause matters to become formally pending
and to perform any function or dtuty prescribed by law
or rule or regulation of the board.
. 128. Notice and Service. In a contested case all
parties shall be afforded an opportunity for hearing
after notice of not less than 10 days. The notice shall
include:
(a) a statement of time, place. and nature of the
hearing;
(b) a statement of the legal authority and juris-
diction under which the hearing is to be held;
(c) a reference to the particular section of the
statutes and rules involved; and
(d) a short and plain statement of the matters
asserted.
If the agency or other party is unable to state the mat-
ters in detail at the time the notice is served, the initial
notice may he limited to a statement of the issues in-
volved. Thereafter, on timely written application, a
more definite and detailed statement shall be furnished
not less than three days prior to the date set for the
hearing.
In additibn to any requirement of notice provided in
this rule, notice of a revocation, suspension, annulment,
or withdrawal of a license shall comport with Rule
059.01.09.132.
Deposit in the United States mails of a registered or
certified letter, return receipt requested, containing a
notice of a hearing in compliance with the require-
ments set out above, or containing a copy of any deci-
sion or order addressed to the affected party or the at-
torney of record for said party, sent to the party's last
known address or the attorney's last known address,
shall constitute notice of the hearing or of such decision
or order.Voluom 2, Nunh'r 12, Fbhrrrrrv 11. 1977
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Texas. Secretary of State. Texas Register, Volume 2, Number 12, Pages 507-562, February 11, 1977, periodical, February 11, 1977; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth252905/m1/11/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.