TBCE Rules Changes

Proposed changes to TBCE Rules

 

PROPOSAL (38) – PROPOSED RULE §79.9
Wednesday, September 17, 2014 01:41 PM
(a) Within a reasonable time after the conclusion of the hearing, the Administrative Law Judge (ALJ) shall prepare and serve on the parties a proposal for decision that includes the ALJ's findings of fact and conclusions of law. 
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PROPOSAL (37) – PROPOSED RULE §79.8
Wednesday, September 17, 2014 01:37 PM
(a) Because of the often voluminous nature of the records properly received into evidence by the Administrative Law Judge (ALJ), the party introducing such documentary evidence may paginate each such exhibit or flag pertinent pages in each such exhibit in order to expedite the hearing and the decision-making process. 

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PROPOSAL (36) – PROPOSED RULE §79.7
Wednesday, September 17, 2014 01:21 PM
(a) Upon the written request of any party, the executive director may issue a commission for a deposition or a subpoena to require the attendance of witnesses or the production of books, records, papers, or other objects as may be necessary and proper in a contested case hearing held under this chapter. 
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PROPOSAL (35) – PROPOSED RULE §79.6
Wednesday, September 17, 2014 01:20 PM
(a) If a respondent in an enforcement case fails to appear in person or by legal representative on the day and at the time set for hearing, regardless of whether an appearance has been entered, the ALJ, pursuant to the SOAH's rules, on the motion of the petitioner, and adequate proof that proper notice under the APA and the SOAH rules was served upon the defaulting party, shall enter a default judgment in the matter adverse to the respondent. 
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PROPOSAL (34) – PROPOSED RULE 79.5
Wednesday, September 17, 2014 01:19 PM
(a) A respondent shall enter an appearance by filing a written answer or other responsive pleading with the SOAH, with a copy to the other party, within 20 days of the date on which the notice of hearing and formal complaint or petition is served on the respondent. 
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