Section 1.109 - Hearing Procedures(a) Opening the hearing. The examiner shall call the hearing to order and make a concise statement of its scope and purposes. All parties shall then enter their appearances. Thereafter, parties may make motions or opening statements.(b) Order of procedure. Parties shall be permitted to make opening statements, offer direct evidence, cross-examine witnesses, and present supporting arguments. The party having the burden of proof shall be entitled to open and close. When several proceedings are heard on a consolidated record or when the proceeding has been initiated by the Commission, the examiner shall designate who may open and close. The examiner shall determine at what stage intervenors will be permitted to offer evidence. The examiner may direct that closing arguments be made in writing. The examiner may alter the order of procedure if necessary for efficient conduct of the hearing.(c) Voir dire. Voir dire examination to evaluate the qualifications of a witness to testify may be permitted but will not be substituted for cross-examination.(d) Rebuttal. The petitioner, applicant, or complainant may rebut evidence and argument presented by protestants or intervenors. The examiner may allow additional rebuttal from other parties.(e) Additional evidence. The Commissioners, Hearings Director, or examiner may subpoena records or may call upon or subpoena for additional evidence on any issue any party, person, or employee of the Commission who is not assigned to render a decision or to make findings of fact and conclusions of law for additional evidence on any issue. Additional evidence shall not be admitted without an opportunity for examination, objection, and rebuttal by all parties.16 Tex. Admin. Code § 1.109
Adopted by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4137, eff. 8/21/2017