SECTION 155.425. Procedure at Hearing

(a) Control of the hearing. The judge shall exercise reasonable control over the mode and order of presenting preliminary matters, pending motions, opening statements, witness testimony and other evidence, oral or written closing argument, and other processes in the hearing.

(b) Designation of order of parties' presentations. The judge will designate the order in which the parties will present evidence and argument. Generally, the party with the burden of proof will present evidence first and will open and conclude oral argument. The judge shall designate the party with the burden of proof in accordance with §155.427 of this chapter.

(c) Waiver of allegations. An allegation contained in the notice of hearing, complaint, or other pleading that is not addressed during the proceeding may be deemed waived.

(d) Closing arguments. Closing arguments may be made orally or, when ordered by the judge, in writing.

(e) Closing the evidentiary record. Unless otherwise ordered by the judge, the record will close at the later of:

(1) the end of the hearing; or

(2) the date the final brief is due, when closing arguments are made in writing.

Source Note: The provisions of this §155.425 adopted to be effective November 26, 2008, 33 TexReg 9451; amended to be effective January 1, 2017, 41 TexReg 8593