- (a) A party to a contested case under review by the Motor Carrier Division Director shall limit oral presentation and discussion to evidence in the SOAH administrative record. Also, oral presentation and discussion shall be consistent with the scope of the Motor Carrier Division Director's authority to act under Government Code, §2001.058(e) and the applicable law that governs the subject matter of the contested case, such as Transportation Code, Chapters 621-623, 643, or 645.
- (b) A party may argue that the Motor Carrier Division Director should remand the contested case to SOAH.
- (c) Each party is responsible for objecting when another party attempts to make arguments or engage in discussion regarding evidence that is not contained in the SOAH administrative record.
(d) A party's presentation to the Motor Carrier Division Director is subject to the following limitations and conditions:
- (1) Each party shall be allowed a maximum of 15 minutes for their oral presentation. The Motor Carrier Division Director may increase this time.
- (2) No party is allowed to provide a rebuttal or a closing statement.
- (3) An intervenor of record from the SOAH proceeding supporting another party shall share that party's time.
- (4) Time spent by a party responding to a question from the Motor Carrier Division Director is not counted against such party's presentation time.
- (5) During an oral presentation, a party to the contested case before the Motor Carrier Division Director may object that a party presented material or argument that is not in the SOAH administrative record. Time spent discussing such objections is not counted against the objecting party's time.
Source Note:The provisions of this §224.318 adopted to be effective February 27, 2026, 50 TexReg 6528.