- (a) Those parties appearing at the board meeting at which the report of the hearing officer is considered by the board, who have filed written objections to the report of the hearing officer, may make oral arguments at the discretion of the board. The board may limit the time allowed for oral arguments by parties as it deems appropriate. The person or persons designated to represent the staff at the hearing may file written comments and make oral arguments to the report in the same manner as other parties.
- (b) No party shall be allowed to introduce evidence before the board at the meeting at which the report of the hearing officer is considered unless leave to present such newly discovered evidence has been heard by a hearing officer and the hearing officer has determined that such newly discovered evidence was unavailable at the time of the hearing and is material to the matter presented for board determination.
Source Note:The provisions of this §1.40 adopted to be effective December 5, 1989, 14 TexReg 6127.