1. (a) Authority. When the board appoints a hearing examiner pursuant to the Act, §4.05(a)(3), then such hearings shall be conducted in accordance with the APTRA, the Act, the rules of this board, and all other applicable law.

2. (b) Duties. Except for accepting or rejecting proposed findings of fact or conclusions of law, issuing final orders on the merits, dismissing complaints, and making recommendations as to a licensee's discipline, the hearings examiner shall have all the authority which the board has regarding the conduct of hearings, including, without limitation, the following:

   1. (1) to hold hearings and issue notices;
   2. (2) to administer oaths and affirmations;
   3. (3) to direct all parties to enter their appearance on the record;
   4. (4) to subpoena and examine witnesses;
   5. (5) to subpoena documents and other physical evidence;
   6. (6) to hold conferences, including prehearing conferences, before or during the hearing to consider the matters specified in §187.20 of this title (relating to Prehearing Conferences);
   7. (7) to regulate the course and conduct of the hearing, including, without limitation, setting the time and place of the hearing and/or continued hearings; fixing the time for filing of briefs and other documents; receiving relevant evidence; excluding evidence which is irrelevant, immaterial, repetitious, or cumulative; ruling upon offers of proof; regulating the manner of examination to prevent needless and unreasonable harassment, intimidation, expense, inconvenience or embarrassment of any witness or party at a hearing; removing disruptive individuals; and ruling on motions;
   8. (8) to submit in writing to the parties, a proposal for decision containing the elements specified in §187.31 of this title (relating to Proposals for Decision);
   9. (9) to present and explain in person his or her proposal for decision to the board for its consideration and final action; and
   10. (10) to dispose of any other matter that arises in the course of a hearing and to take any action authorized by these sections, the Act, the APTRA, and all other applicable law.

Source Note:The provisions of this §187.26 adopted to be effective January 5, 1988, 12 TexReg 4916.