- (a) Representation. Parties to proceedings before the board shall have a right to appear and may be represented by counsel, or any other designated person, and shall have a right to have witnesses appear to testify on their behalf.
(b) Review of Department Record and Presentation By Parties.
- (1) The board shall conduct hearings to review cases for which a Notice of Protest has been filed and base its determination on the record of the hearing held before the department and any subsequent matters filed by parties to the case which are admitted into the record by the board, including any exhibits accepted into the record at the hearing before the board.
- (2) The board may take additional testimony and admit into the record any documentary evidence that it deems necessary to clarify the record of the hearing before the department and/or aid the board in making its determination on the case.
- (3) At the board's discretion, any party may present oral testimony or argument by filing a written request with the board at least five business days prior to the hearing. The board may waive the five-day requirement for good cause shown.
(c) Ruling on Objections, Motions; Filing of Motions.
- (1) The board shall have the authority to rule on motions, on the admissibility of evidence, on objections, and on amendments to pleadings.
- (2) A pre-hearing motion shall be written, set forth under oath the relief or order sought and the specific reasons and grounds therefor, and be directed to the board. Any motion shall be filed with the Hearings Clerk, General Counsel Division, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, and distributed to all interested parties, under a certificate of service, not less than seven business days prior to the hearing date. The board may waive the seven-day requirement for good cause shown. A reply to such motion may be filed by any other party to the proceeding. A pre-hearing motion shall be ruled on by the chairman at the earliest time practicable, and a final determination on any such motion shall be signed by the chairman on behalf of the board.
- (3) When necessary, in the judgment of the chairman and/or the board, or upon request of a party, a hearing may be set to consider any motion. A request for hearing on a motion, or a request for hearing on a final determination issued in response to a motion shall be filed with the board no later than three business days after receipt of the final determination by the requesting party.
(d) Exhibits.
- (1) All exhibits admitted into the record of the hearing before the department and the recording of the hearing shall be tendered for admission into the record of the hearing before the board. All such exhibits shall be available to the parties prior to the beginning of the hearing, and to any interested person or party prior to the hearing date upon filing of a written request to the Hearings Clerk.
- (2) A party shall deliver to the other party any additional documents intended to be offered at the hearing at least three business days prior to the hearing date.
(e) Recording the Hearing and Preparation of Transcript.
- (1) All hearings before the board shall be recorded and maintained by the General Counsel Division, Texas Department of Agriculture.
- (2) Upon written request and payment of any associated cost, the department shall prepare a copy of the recording of a hearing for any party.
- (3) Upon written request and payment of any associated cost, the department shall prepare, or order the preparation of, a transcript of a hearing for any party.
- (4) In the event a final decision of the board is appealed to the district court, the board may require the appealing party to pay all or part of the cost of preparation of the original or a certified copy of the record of the proceeding that is required to be transmitted to the reviewing court, as is specified by the board.
Source Note:The provisions of this §14.23 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 15, 2025, 50 TexReg 8042.