- (a) Opening the hearing. The examiner shall open the hearing and make a concise statement of its scope and purposes. Appearances shall then be entered by all parties. Thereafter, parties may make motions or opening statements.
- (b) Order of procedure. In protested cases, parties shall be permitted to make opening statements, offer direct evidence, cross-examine witnesses, and present supporting arguments. The petitioner, applicant, or complainant 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 will determine at what stage intervenors shall be permitted to offer evidence. The examiner may direct that closing argument 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 commission, Legal Division director, or examiner may subpoena records or may call upon or subpoena any party, persons, or employees of the commission who are 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.
Source Note:The provisions of this §1.128 adopted to be effective June 1, 1991, 16 TexReg 2289.