SECTION 187.35. Presentation of Proposal for Decision

(a) Notice of oral argument. All parties shall be given notice of the opportunity to attend and provide oral argument concerning a proposal for decision before the board. The ALJ who issued the proposal for decision shall be given notice of the opportunity to attend and provide a summation of the proposal for decision before the board. The ALJ is not required to attend the presentation of the proposal for decision before the board. Notice shall be sent to the party or the party's attorney of record as set out in Texas Government Code, §2001.142(a). Notice to the ALJ may be provided by facsimile, e-mail, telephone, hand delivery, regular mail, certified mail - return receipt requested, courier service, or registered service.

(b) Arguments before the Board. The order of the proceeding shall be as follows:

(1) the ALJ may present and explain the proposal for decision;

(2) the party adversely affected shall briefly state the party's reasons for being so affected supported by the evidence of record;

(3) the other party or parties shall be given the opportunity to respond;

(4) the party with the burden of proof shall have the right to close;

(5) board members may question any party as to any matter relevant to the proposal for decision and evidence presented at the hearing;

(6) at the end of all arguments by the parties, the board may deliberate in closed session and any action shall be taken in open session.

(c) Limitation. A party shall not inquire into the mental processes used by the board in arriving at its decision, nor be disruptive of the orderly procedure of the board's routines.

Source Note: The provisions of this §187.35 adopted to be effective January 6, 2002, 26 TexReg 10867; amended to be effective June 5, 2014, 39 TexReg 4256; amended to be effective February 21, 2016, 41 TexReg 1119; amended to be effective December 31, 2020, 45 TexReg 9524