- (a) Persons affected. All parties, except those designated under subsection (b) of this section, must be persons affected, as defined by the appropriate enabling statute.
- (b) Designation as a party. Any division, bureau, associate commissionership, or person acting in his/her official capacity within the agency may be designated as a party by the examiner.
- (c) Duties and privileges of a party. A party has the privilege to participate fully in any prehearing and hearing, to appeal as provided by law, and to perform any and all duties and privileges provided by the APTRA and other applicable laws.
- (d) Interested persons. Any person not wishing to be designated as a party but desiring only to appear for the purpose of showing support or opposition or to make any general relevant statement showing support or opposition may appear at the hearing and make or file statements.
- (e) Time of designation as a party. The examiner may designate parties at a pre-hearing conference, at the beginning of a hearing, or prior to the conclusion of a hearing. No person will be admitted as a party later, except upon a finding by the examiner, or the agency, of good cause and extenuating circumstances.
- (f) Different classifications for parties. In their pleadings, parties may classify themselves as applicants, petitioners, respondents, protestants, complainants, etc., but regardless of such classification, the examiner has the authority to determine and designate their true status whenever necessary.
- (g) Representation. A party may appear personally or be represented by counsel or other authorized representative, or both.
- (h) Consolidation. The examiner may require persons to select one person to represent them in the proceedings.
Source Note:The provisions of this §1.25 adopted to be effective August 23, 1978, 3 TexReg 2752; amended to be effective June 23, 1986, 11 TexReg 2585.