22 Tex. Admin. Code § 575.7

Current through Reg. 49, No. 49; December 6, 2024
Section 575.7 - Presentation of Proposal for Decision
(a) Notice of oral argument. All parties and the ALJ who has issued a proposal for decision shall be given notice of the opportunity to attend and provide oral argument concerning a proposal for decision before the board. Notice shall be sent by hand delivery, regular mail, certified mail - return receipt requested, courier service, or registered service to the ALJ's office and the parties' addresses of record.
(b) Arguments before the Board. The order of the proceeding shall be as follows:
(1) the ALJ shall present and explain the proposal for decision;
(2) the party adversely affected shall briefly state the party's reasons for being so affected supported by the evidence of record;
(3) the other party or parties shall be given the opportunity to respond;
(4) the party with the burden of proof shall have the right to close;
(5) board members may question any party as to any matter relevant to the proposal for decision and evidence presented at the hearing;
(6) at the end of all arguments by the parties, the board may deliberate in closed session and shall determine the charges on the merits and take action on a final decision in open session.
(c) Limitation. A party shall not be disruptive of the orderly procedure of the board's routines.

22 Tex. Admin. Code § 575.7

The provisions of this §575.7 adopted to be effective July 13, 2008, 33 TexReg 5528