SECTION 357.483. Powers and Duties of the Judge

(a) The judge is a designee of the HHSC Executive Commissioner for purposes of:

(1) issuing default, final, and other orders, and

(2) ruling on any motions for rehearing.

(b) The judge shall have the authority and the duty to:

(1) regulate pre-hearing matters and the hearing;

(2) conduct a full, fair, and impartial hearing;

(3) take action to avoid unnecessary delay in the disposition of the proceeding; and

(4) maintain order, including regulating the conduct of the parties, authorized representatives, witnesses, observers, and other participants.

(c) The judge may issue any order in the interest of justice that is necessary to protect the person or party seeking relief from undue burden, unnecessary expense, harassment, or invasion of personal, constitutional, or property rights.

(d) The judge has no authority to declare state statutes or rules, or federal statutes or regulations, invalid.

Source Note: The provisions of this §357.483 adopted to be effective June 20, 2007, 32 TexReg 3544