SECTION 67.61. Offer of Proof

(a) Formal exceptions to rulings of the Examiner during a hearing shall be unnecessary, but if made, they should be in accord with §67.69 of this chapter (relating to rules of evidence). It shall be sufficient that the Party, at the time any ruling is made or sought, makes known to the Examiner the action which he desires.

(b) When testimony is excluded by ruling of the Examiner, the Party offering the evidence shall be permitted to make an offer of proof by dictating into the hearing tape recording or other media or submitting in writing the substance of the adopted testimony, prior to the conclusion of the hearing, and that offer of proof shall be sufficient to preserve the point for review by the Board or its designee. Examiners may ask such clarifying questions of the witness as allowed in §67.55(b) of this chapter (relating to order of procedure) as necessary to establish that the witness would testify as represented in the offer of proof. An alleged error in sustaining an objection to questions asked on cross-examination may be preserved without making an offer of proof.

Source Note: The provisions of this §67.61 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; amended to be effective December 24, 2015, 40 TexReg 9302