SECTION 67.53. Presiding Officer

(a) Evidentiary hearings will be conducted by Examiners appointed by the Executive Director pursuant to Government Code, §815.511(b). The Examiner shall have authority to administer oaths, to examine witnesses pursuant to this chapter, and to rule upon, subject to review by the Board or its designee, the admissibility of evidence and amendments to Pleadings. The Examiner shall have the authority to recess any hearing from day to day. If the Examiner is unable to continue presiding over a Proceeding at any time before the Examiner loses jurisdiction, another Examiner will be appointed who shall perform any function remaining to be performed without the necessity of repeating any previous Proceedings.

(b) The Examiner's conduct in Proceedings governed by this chapter shall comport with and be subject to the provisions of the Texas Code of Judicial Conduct to the extent consistent with the powers granted to the Examiner by law. To this end, Examiners shall conduct all Proceedings in a fair and impartial manner, and they shall refrain from providing legal advice or guidance to any Party or Authorized Representative other than on minor procedural matters.

Source Note: The provisions of this §67.53 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359