1. (a) Examiner or presiding examiner. Hearings may be conducted by commissioners, directors, or employees designated as examiners, all of whom are referred to in this section as the presiding examiner.

2. (b) Powers. Subject to any limitations imposed by law or by commission rule, the presiding examiner shall have broad discretion in regulating the course and conduct of the hearing. The presiding examiner shall have, but shall not be limited to, the following authority:

   1. (1) to administer oaths and affirmations;
   2. (2) to issue subpoenas to compel the attendance of witnesses and the production of papers and documents;
   3. (3) to authorize the taking of depositions and issue discovery orders as authorized by law;
   4. (4) to call and examine witnesses;
   5. (5) to receive evidence;
   6. (6) to rule upon the admissibility of evidence and amendments to pleadings;
   7. (7) to limit the number of witnesses whose testimony would be merely cumulative;
   8. (8) to set reasonable times within which a party may testify, cross-examine witnesses, or present evidence;
   9. (9) to impose sanctions;
   10. (10) to recess any hearing;
   11. (11) to issue a proposal for decision, including proposed findings of fact and conclusions of law and a recommended order;
   12. (12) to amend the proposal for decision or recommended order, or both, based upon exceptions and replies filed by the parties;
   13. (13) to issue a supplemental or amended proposal for decision and proposed order; and
   14. (14) to take other permissive action which is necessary for a fair, just, and proper hearing.
3. (c) Replacement. If prior to a final decision by the commission the presiding examiner is unable to continue to serve, the appropriate director or director's delegate may appoint another examiner to perform any remaining functions without the necessity of repeating previous proceedings.
4. (d) Interlocutory appeals. Interlocutory appeals to the commission of an examiner's rulings may be permitted by the commission.

Source Note:The provisions of this §1.121 adopted to be effective June 1, 1991, 16 TexReg 2289.