1. (a) The hearings examiner who prepared the report and proposal for decision shall present the contested case to the board during the board meeting at which the case has been placed on the board's agenda. In presenting the case, the hearings examiner shall:

   1. (1) concisely state the nature of the case;
   2. (2) concisely state the positions of the parties;
   3. (3) concisely state his or her proposal for deciding the case and the basis for that proposal;
   4. (4) respond to questions concerning the hearing and the proposal directed to him or her from a trustee.
2. (b) A trustee may question the hearings examiner concerning the hearing, the evidence, the report, the proposal for decision, or any other matter within the record of the contested case. In responding to a question, the hearings examiner must advise the chairman of the board if the hearings examiner believes the question involves a matter outside the record of the contested case or otherwise improper. The chairman of the board may ask the general counsel for his opinion concerning the propriety of a particular question. The decision of the chairman of the board concerning the propriety of a question shall be final.
3. (c) A trustee may ask the general counsel for his opinion concerning the legality of a particular course of action or decision, the law or rules governing a particular aspect of matters within the jurisdiction of the board, the evaluation of the evidence, or any other legal matter. The general counsel shall advise the chairman of the board if the general counsel is of the opinion that responding to a particular question would be inappropriate. The decision of the chairman of the board concerning the propriety of a question shall be final.
4. (d) If oral argument is allowed, then each party will be given time, not to exceed five minutes, to present oral argument to the board. The board may, in its sole discretion, allow additional oral argument not to exceed a total of 10 minutes for each party. Questions by the board and answers to such questions will not be considered as part of the time limitations described in this section. Oral argument concerning matters outside the record will not be allowed.
5. (e) After the hearings examiner presents his report and proposal for decision, the trustees have been given an opportunity to ask questions, oral argument is presented, and the trustees have been given an opportunity to discuss the case, the board shall act on the case and render a decision.

Source Note:The provisions of this §67.89 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective May 17, 1988, 13 TexReg 2164; amended to be effective May 30, 1991, 16 TexReg 2737.