SECTION 67.65. The Record

(a) Contents of record. The record in a Proceeding shall consist of all matters identified in APA §2001.060, including the following:

(1) all Pleadings, intermediate rulings, and documents reflecting Board policy;

(2) evidence admitted;

(3) a statement of matters officially noticed;

(4) questions and offers of proof, objections, and rulings on objections;

(5) adopted findings, exceptions, replies to exceptions, and supporting briefs;

(6) any proposal for decision, opinion, or report by the Examiner presiding at the hearing;

(7) all staff memoranda or data submitted to the Examiner in connection with his consideration of the case.

(b) Closing the record.

(1) Upon the conclusion of the hearing, the Examiner shall close the record subject to receipt of any information requested by the Examiner pursuant to §67.55(e) of this chapter (relating to order of procedure) and receipt of any late exhibits as described in §67.77 of this chapter (relating to introduction of exhibits).

(2) Evidence of any kind other than that described in subsection (a) of this section, not made a part of the record prior to closing, shall be accepted by the Examiner or the Executive Director and considered by the Examiner or the Executive Director for inclusion in the record only upon a showing of relevance, materiality and good cause as to why the evidence could not reasonably have been presented at the hearing. Such additional evidence shall not be admitted without providing the Parties not offering the evidence the opportunity to conduct discovery, cross-examination and to offer rebuttal evidence. The proposal for decision shall not be presented to the Board or its designee until the Examiner or the Executive Director has made a ruling on such evidence.

(c) Findings of fact. Findings of fact shall be based exclusively on the evidence and on matters officially noted.

Source Note: The provisions of this §67.65 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective May 30, 1991, 16 TexReg 2737; 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