- (a) General. Hearings will ordinarily be conducted at Austin, but the director, upon his own motion or at the request of a party or of a witness, may direct that the hearing, or a designated portion thereof, shall be conducted elsewhere within the State of Texas.
- (b) Conduct of hearings. Hearings shall be conducted by the director or by a hearings examiner (who may or may not be an employee of the system) appointed by the director. The hearing shall be conducted in accordance with the Administrative Procedure and Texas Register Act (Texas Civil Statutes, Article 6252-13a) and the rules adopted by the board.
- (c) Parties to the hearing. All parties to the hearing, including the system, may be represented by counsel. All parties, including the system, may introduce testimony of witnesses, records, documents, and other evidence relevant to the claim or matter which is the subject of the hearing. The director or hearings examiner shall have authority to administer oaths; to examine witnesses; to rule on the admissibility of evidence; to recess the hearing from day to day, or to a specified date and time; and otherwise to regulate and conduct the hearing to the end that the issues may be presented with order and decorum.
- (d) Rules of evidence. The provisions of section 14 of the Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article 6252-13a, shall govern the admissibility of evidence; but the system will take notice of any fact established by its records, unless a party to the proceedings files a written protest of its validity.
Source Note:The provisions of this §121.16 adopted to be effective July 23, 1976, 1 TexReg 1894.