1. (a) Applicability and delegation is as follows:

   1. (1) Any application that is declared administratively complete on or after September 1, 1999 is subject to this section.
   2. (2) The commission delegates to SOAH the authority to conduct hearings designated by the commission.
2. (b) The chief administrative law judge will assign judges to hearings. When more than one judge is assigned to a hearing, one of the judges will be designated as the presiding judge and shall resolve all procedural questions. Evidentiary questions will ordinarily be resolved by the judge sitting in that phase of the case, but may be referred by that judge to the presiding judge.

3. (c) Judges shall have authority to:

   1. (1) set hearing dates;
   2. (2) convene the hearing at the time and place specified in the notice for the hearing;
   3. (3) establish the jurisdiction of the commission;
   4. (4) rule on motions and on the admissibility of evidence and amendments to pleadings;
   5. (5) designate and align parties and establish the order for presentation of evidence, except that the executive director and the public interest counsel shall not be aligned with any other party;
   6. (6) examine and administer oaths to witnesses;
   7. (7) issue subpoenas to compel the attendance of witnesses, or the production of papers and documents;
   8. (8) authorize the taking of depositions and compel other forms of discovery;
   9. (9) set prehearing conferences and issue prehearing orders;
   10. (10) ensure that information and testimony are introduced as conveniently and expeditiously as possible, including limiting the time of argument and presentation of evidence and examination of witnesses without unfairly prejudicing any rights of parties to the proceeding;
   11. (11) limit testimony to matters under the commission's jurisdiction;
   12. (12) continue any hearing from time to time and from place to place;
   13. (13) reopen the record of a hearing, before a proposal for decision is issued, for additional evidence where necessary to make the record more complete;
   14. (14) impose appropriate sanctions;
   15. (15) issue interim rate orders under Texas Water Code, Chapter 13;

   16. (16) consider additional issues beyond the list referred by the commission when:

       1. (A) the issues are material;
       2. (B) the issues are supported by evidence; and
       3. (C) there are good reasons for the failure to supply available information regarding the issues during the public comment period;

   17. (17) extend the proceeding beyond the expected completion date if:

       1. (A) the judge determines that failure to grant an extension would deprive a party of due process or another constitutional right; and
       2. (B) by agreement of the parties;
   18. (18) exercise any other appropriate powers necessary or convenient to carry out his responsibilities.
4. (d) For applications declared administratively complete on or after September 1, 1999, notwithstanding §80.127(f) of this title (relating to Evidence), the judge is not required to accept public comment into the evidentiary record. This subsection supercedes §80.127(f) of this title.

Source Note:The provisions of this §80.4 adopted to be effective September 23, 1999, 24 TexReg 8276.