SECTION 519.71. Exceptions and Replies

(a) Exceptions to the PFD and any replies to exceptions must be filed within the time specified in SOAH's rules.

(b) The form of exceptions and replies is governed by SOAH's rules.

(c) Each exception or reply to a finding of fact or conclusion of law shall be concisely stated and shall summarize the evidence in support thereof. Arguments shall be logical and citations to authorities shall be complete.

(d) Any party may request oral argument before the board after service of the PFD and disposition of the exceptions, if any, and before the board's final determination of the matter. The written request for oral argument must be filed with the board's executive director no later than 5:00 p.m. on the twentieth day prior to the board meeting at which the matter is to be considered. The presiding officer may waive the twenty day notice requirement if such action would best serve the public interest. Oral argument is allowed only at the discretion of the board. In the event oral argument is granted by the board, each party will be notified of the time and place of the argument and the amount of time allotted for the presentation. Only one spokesman per party and position will be allowed to speak. At the conclusion of the presentation, board members may ask questions of the person who made the presentation. Under no circumstances may any party making oral argument to the board refer to or urge reliance on materials that are not part of the administrative record.

Source Note: The provisions of this §519.71 adopted to be effective June 9, 2004, 29 TexReg 5634; amended to be effective October 15, 2008, 33 TexReg 8521; amended to be effective February 9, 2012, 37 TexReg 495