SECTION 155.155. Orders  


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  • (a) Judge's authority. The judge has authority to:

    (1) issue orders to control the conduct and scope of the proceeding;

    (2) rule on motions;

    (3) establish deadlines;

    (4) schedule and conduct prehearing or posthearing conferences;

    (5) require the prefiling of exhibits and testimony;

    (6) set out requirements for participation in the case; and

    (7) take other steps conducive to a fair and efficient contested case process.

    (b) Record of rulings. Rulings not made orally at a recorded prehearing conference or hearing shall be in writing and issued to all parties of record.

    (c) Consolidation or joinder for hearing. The judge may order that cases be consolidated or joined for hearing if:

    (1) there are common issues of law or fact; and

    (2) consolidation or joint hearing will promote the fair and efficient handling of the matters.

    (d) Severance of issues. The judge may order severance of issues if separate hearings on the issues will promote the fair and efficient handling of the matters.

    (e) Referral to mediation. The judge may order referral of a case to mediation or other appropriate alternative dispute resolution procedure as provided by the Governmental Dispute Resolution Act, Tex. Gov't Code Chapter 2009, and the statute creating SOAH, Tex. Gov't Code Chapter 2003.

Source Note: The provisions of this §155.155 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593