1. (a) Every administrative contested case hearing on an action before the department shall be conducted by an administrative law judge.

2. (b) The administrative law judge presiding shall have the authority to do the following:

   1. (1) set hearing dates, times, and locations;
   2. (2) convene the hearing at the date, time, and location specified in the notice for such hearing;
   3. (3) establish the jurisdiction of the department concerning the matter under consideration;
   4. (4) rule on motions and on the admissibility of evidence and amendments to pleadings;
   5. (5) designate parties and establish the order for presentation of evidence;
   6. (6) administer oaths to all persons presenting testimony;
   7. (7) examine witnesses;
   8. (8) issue subpoenas when required to compel the attendance of witnesses, or the production of papers and documents relating to the hearing;
   9. (9) commission and require the taking of depositions;
   10. (10) insure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing any rights of parties to the proceeding;
   11. (11) conduct hearings in an orderly manner in accordance with the Administrative Procedure Act and this chapter;
   12. (12) recess any hearing from time to and from place to place; and
   13. (13) exercise any other appropriate powers necessary or convenient to carry out his or her responsibilities.

3. (c) The administrative law judge shall have the authority to coduct all or part of a hearing by telephone conference as follows.

   1. (1) Upon motion of any party, and upon notice to all other parties, the administrative law judge may order that the appearance of any party and/or the testimony of any witness shall be taken by telephone.
   2. (2) Use of telephone conference-call procedures may be granted upon motion filed not less than five days before any scheduled hearing. If the motion is filed less than five days before any scheduled hearing, it may be granted by the administrative law judge upon a showing of good cause.
   3. (3) The party utilizing this telephone conference procedure for witness testimony and/or for that party's appearance shall provide the name(s) and telephone number(s) of the person(s) from whom telephone testimony is desired. The administrative law judge may allow for the substitution of a different telephone number at the hearing, upon request and the showing of good cause by the party requesting such substitution. In advance of the hearing, that party shall also provide the witness(es) and other parties with true and correct copies of any exhibits to be offered by that party or that party's witness(es) or from which question(s) will be elicited.
   4. (4) The rules and procedures governing hearings in general shall govern telephone hearings.
   5. (5) The party using the telephone conference procedure shall bear the costs of the conference call incurred for presenting that party's witnesses and/or case.
4. (d) In the case of a party's failure to comply with a subpoena or commission to take deposition issued by the administrative law judge, the agency or the party requesting the subpoena or commission may seek enforcement thereof pursuant to the Act, §2001.201.

5. (e) Upon finding that a party has failed to comply with an administrative law judge's order or that a party has abused orders compelling discovery entered pursuant to the Act or these rules, the administrative law judge may impose sanctions for such noncompliance or abuse in making, seeking, or resisting discovery. Sanctions may include, but are not limited to, the following:

   1. (1) recessing or continuing the hearing;
   2. (2) denying the noncompliant person the right to participate in the hearing for a period of time or prescribing conditions for the person's participation;
   3. (3) disallowing any further discovery of a particular kind or of any kind by the noncompliant party (except for discovery, if any, authorized by law over which the administrative law judge has no discretion);
   4. (4) disallowing, in part or whole, the noncompliant party's presentation of evidence or examination of witnesses on issues that were the subject of the discovery request;
   5. (5) ruling that particular facts shall be regarded as established for the purposes of the proceeding in accordance with the claim of the party that obtained the discovery ruling or other relevant order;
   6. (6) disallowing written or documentary evidence to be presented that was not exchanged by a deadline for exchange of such evidence pursuant to §1.15 of this title (relating to Prehearing Conference);
   7. (7) disallowing the testimony of witnesses who were not listed by a deadline established for listing potential witnesses pursuant to §1.15 of this title (relating to Prehearing Conference);
   8. (8) dismissing the case without prejudice; and
   9. (9) assessing costs against the noncompliant party as provided in the TCRP.
6. (f) If an administrative law judge fails to complete an assigned case before a final order is rendered, for cases heard for the department by SOAH, SOAH, or for cases heard by the department, the Deputy General Counsel, may appoint a substitute administrative law judge on the hearings staff to complete the assigned case without the necessity of duplicating any duty or function performed by the previous administrative law judge. The substitute judge shall review the existing record and need not repeat previous proceedings, but may conduct future proceedings as are necessary and proper to conclude the hearing and render a proposal for decision.

Source Note:The provisions of this §1.18 adopted to be effective January 18, 1991, 16 TexReg 113; amended to be effective August 3, 1993, 18 TexReg 4747; amended to be effective August 23, 1996, 21 TexReg 7656.