1. (a) Judge's authority and duties. The judge shall have the authority and duty to:

   1. (1) conduct a full, fair, and efficient hearing;
   2. (2) take action to avoid unnecessary delay in the disposition of the proceeding;
   3. (3) maintain order; and
   4. (4) reopen the record when justice requires, if the judge has not issued a dismissal, proposal for decision, or final decision.

2. (b) Judge's powers. The judge shall have the power to regulate prehearing matters, the hearing, and the conduct of the parties and authorized representatives, including the power to:

   1. (1) administer oaths;
   2. (2) take testimony, including the power to question witnesses and to request the presence of a witness from a state agency, as contemplated by APA §2001.090(d);
   3. (3) rule on questions of evidence;
   4. (4) rule on discovery issues;
   5. (5) issue orders relating to hearing and prehearing matters, including orders imposing sanctions;
   6. (6) admit or deny party status;
   7. (7) designate the party with the burden of proof pursuant to §155.427 of this title (relating to Burden of Proof);
   8. (8) exclude irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations of evidence or argument;
   9. (9) order parties to submit legal memoranda and proposed findings of fact and conclusions of law;
   10. (10) issue proposals for decision pursuant to APA §2001.062, and when authorized, final decisions; and
   11. (11) rule on motions for rehearing, when authorized.

Source Note:The provisions of this §155.153 adopted to be effective November 26, 2008, 33 TexReg 9451.