SECTION 215.59. Request for Oral Presentation

(a) At least 30 days prior to the date of a proposed board meeting during which the board may review a contested case, department staff shall notify the parties regarding the opportunity to attend and provide an oral presentation concerning a proposal for decision before the board. The department will deliver notice in accordance with §215.30 of this title (relating to Filing of Documents), using the last known address that the parties provided to the department.

(b) If a party seeks to provide an oral presentation at the board meeting, it must submit a written request for an oral presentation to the department's contact listed in the notice provided under subsection (a) of this section and copy all other parties in accordance with §215.49 of this title (relating to Service of Pleadings, Petitions, Briefs, and Other Documents) at least 14 days prior to the date of the board meeting at which the party's contested case will be considered.

(c) If there is more than one other party who was not adversely affected by the proposal for decision, such parties may agree on the order of their presentations in lieu of the order prescribed under §215.62(c) of this title (relating to Order of Presentations to the Board for Review of a Contested Case). If the parties who were not adversely affected by the proposal for decision do not timely provide the department and the other parties with notice under subsection (b) of this section regarding their agreed order of presentation, their order of presentation will be determined under §215.62(c) of this title.

(d) If a party timely submits a written request for an oral presentation, that party may make an oral presentation at the board meeting. If a party fails to timely submit a written request for an oral presentation, that party shall not make an oral presentation at the board meeting.

Source Note: The provisions of this §215.59 adopted to be effective February 28, 2021, 46 TexReg 1257