When testimony is excluded by ruling of the examiner, the party offering the evidence shall be permitted to make an offer of proof by dictating or submitting in writing the substance of the proposed testimony, prior to the conclusion of the hearing; and that offer of proof shall be sufficient to preserve the point for review by the board. The examiner may ask such questions of the witness which he deems necessary to satisfy himself that the witness would testify as represented in the offer of proof. An alleged error in sustaining an objection to questions asked on cross-examination may be preserved without making an offer of proof.

Source Note:The provisions of this §67.61 adopted to be effective March 19, 1986, 11 TexReg 1149.