SECTION 215.62. Order of Presentations to the Board for Review of a Contested Case

(a) The department's staff will present the procedural history and summary of the contested case.

(b) The party that is adversely affected has the opportunity to make its oral presentation first. However, the board chairman is authorized to determine the order of each party's oral presentation in the event of the following:

(1) it is not clear which party is adversely affected;

(2) it appears as though more than one party is adversely affected; or

(3) different parties are adversely affected by different portions of the contested case under review.

(c) The other party or parties who were not adversely affected then have an opportunity to make their oral presentation. If there is more than one other party, each party will have an opportunity to respond in alphabetical order based on the name of the party in the pleadings in the SOAH administrative record, except as stated otherwise in §215.59(c) of this title (relating to Request for Oral Presentation).

(d) A party must timely comply with the requirements of §215.59 of this title before the party is authorized to provide an oral presentation to the board.

(e) Each party is limited to the time allotted under §206.22(f) of this title (relating to Public Access to Board Meetings).

Source Note: The provisions of this §215.62 adopted to be effective February 28, 2021, 46 TexReg 1257