1. (a) Contents of record. The record in a contested case shall include the following:

   1. (1) all pleadings, motions, and intermediate rulings;
   2. (2) evidence received or considered;
   3. (3) a statement of matters officially noticed;
   4. (4) questions and offers of proof, objections, and rulings on objections;
   5. (5) proposed findings and exceptions;
   6. (6) any decision, opinion, or report by the examiner presiding at the hearing;
   7. (7) all staff memoranda or data submitted to the hearings examiner in connection with his consideration of the case.

2. (b) Closing the record.

   1. (1) Upon the conclusion of the hearing, the hearing examiner shall close the record subject to receipt of any information requested by the examiner pursuant to §67.55(e) of this title (relating to Order of Procedure) and receipt of any late exhibits as described in §67.77 of this title (relating to Introduction of Exhibits).
   2. (2) Evidence of any kind other than that described in subsection (a) of this section, not made a part of the record prior to closing, shall be accepted by the hearing examiner and considered by the hearing examiner for inclusion in the record only upon a showing of good cause as to why the evidence could not reasonably have been presented at the hearing. The proposal for decision shall not be presented to the trustees until the examiner has made a ruling on such evidence.
3. (c) Findings of fact. Findings of fact shall be based exclusively on the evidence and on matters officially noted.

Source Note:The provisions of this §67.65 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective May 30, 1991, 16 TexReg 2737.