SECTION 43.23. Powers of the Administrative Law Judge

The presiding administrative law judge shall have the authority established by applicable statutes and by the procedural rules of SOAH, 1 TAC Chapter 155 if a matter has been referred to SOAH, or the rules of this chapter if a matter has been referred for an adjudicative hearing to a hearing official not affiliated with SOAH. Additionally, the administrative law judge may

(1) determine the jurisdiction of TRS concerning the matter under consideration;

(2) determine the scope of the matter referred to the administrative law judge; and

(3) limit testimony to matters under TRS's jurisdiction and to matters referred to the administrative law judge by TRS.

Source Note: The provisions of this §43.23 adopted to be effective April 20, 1988, 13 TexReg 1672; amended to be effective March 12, 2003, 28 TexReg 2115; amended to be effective March 8, 2007, 32 TexReg 1095