Current through Reg. 50, No. 1; January 3, 2025
Section 224.246 - Presiding Official(a) Hearings examiner. A hearings examiner will preside over a hearing for a lemon law or warranty performance complaint.(b) Powers and duties. A hearings examiner shall conduct fair hearings and shall take all necessary action to administer the disposition of contested cases. A hearings examiner's powers include, but are not limited to the authority to: (3) rule upon the admissibility of evidence;(4) rule upon motions; and(5) regulate the course of the contested case hearing and the conduct of the parties and their authorized representative.(c) Expert Inspection. If a hearings examiner determines that an expert opinion may assist in arriving at a decision, a hearings examiner may have the motor vehicle in question inspected by an expert prior to the hearing. An inspection under this subsection shall be made only upon prior notice to all parties, who shall have the right to be present at the inspection. A copy of any findings or report from the expert inspection will be provided to all parties before or at the hearing.(d) Recusal. (1) If a hearings examiner determines that the hearings examiner should be recused from a particular contested case hearing, the hearings examiner shall withdraw from the contested case by giving notice on the record and by notifying the chief hearings examiner.(2) A party may file a motion to recuse the hearings examiner. The motion to recuse shall be supported by an affidavit setting forth the alleged grounds for disqualification. A copy of the motion shall be served on the hearings examiner who shall have 10 days to reply, and a copy shall be served on all parties or their authorized representatives.(3) If the hearings examiner contests the alleged grounds for disqualification, the chief hearings examiner shall promptly determine the validity of the grounds alleged and render a decision.(e) Substitution of hearings examiner. If the hearings examiner is disqualified, dies, becomes disabled, or withdraws during any contested case proceeding, the chief hearings examiner may appoint another hearings examiner to preside over the remainder of the contested case proceeding.43 Tex. Admin. Code § 224.246
Adopted by Texas Register, Volume 49, Number 17, April 26, 2024, TexReg 2788, eff. 6/1/2024