155.427
In determining which party bears the burden of proof, the judge shall first consider the applicable statute, the referring agency’s rules, and the referring agency’s policy in accordance with 155.419 of this chapter. After considering those sources, the judge may consider additional factors, including: (1) the status of the parties; (2) the parties’ relative access […]
155.425
(a) Control of the hearing. The judge shall exercise reasonable control over the mode and order of presenting preliminary matters, pending motions, opening statements, witness testimony and other evidence, oral or written closing argument, and other processes in the hearing. (b) Designation of order of parties’ presentations. The judge will designate the order in which […]
155.423
(a) Record of proceedings. A record will be made of all contested case proceedings and prehearing conferences. (b) Court reporters. Unless otherwise ordered by the judge, the referring agency shall provide a court reporter for a proceeding set to last longer than one day. (c) SOAH’s responsibility. For a proceeding in a docket set to […]
155.421
In cases referred by the PUC and the TCEQ, a party may move to certify an issue to the respective commission. A judge may also certify an issue without a motion. Certified issues are governed by the rules of the PUC and the TCEQ. The provisions of this 155.421 adopted to be effective November 26, […]
155.7
(a) Application of rule. This rule applies unless another method is required by statute, another rule in this chapter, or order. (b) Computing time periods. When computing periods of time prescribed or allowed in this chapter: (1) the day of the act, event, or default from which the designated time period begins to run is […]
155.419
(a) Agency policy. A party relying on a specific, written agency policy not incorporated in a rule has the burden of authenticating the policy and showing it to be applicable to a factual or legal issue in the case. (b) Judge’s consideration of agency policy. In resolving contested issues, the judge shall consider any applicable […]
155.413
Repealed eff. January 1, 2017
155.411
(a) When coverage is permitted. Proceedings that are open to the public may be photographed or recorded, whether for broadcast or personal use, in a manner that does not interfere with the orderly conduct of the proceeding, unduly distract participants, or impair the dignity of the proceedings. A person desiring to photograph or record a […]
155.151
(a) Discretion of Chief Judge. Assignment of judges to cases is at the discretion of the Chief Judge and the Chief Judge’s designees and is not subject to request except as provided by 155.152 of this subchapter. (b) Judge’s inability to continue presiding. If a judge is unable to continue presiding or to issue a […]
155.152
(a) A judge is subject to recusal or disqualification on the same grounds and under the same circumstances as specified in TRCP Rule 18b. (1) Motion. A motion to recuse or disqualify a judge assigned to a case should: (A) be made at the earliest practicable time; (B) be verified, if the motion is in […]