Sec. 36.406. HEARING PROCEDURES. (a) A hearing must be conducted by:
(1) a quorum of the board;
(2) an individual to whom the board has delegated in writing the responsibility to preside as a hearings examiner over the hearing or matters related to the hearing; or
(3) the State Office of Administrative Hearings under Section 36.416.
(b) Except as provided by Subsection (c) or Section 36.416, the board president or the hearings examiner shall serve as the presiding officer at the hearing.
(c) If the hearing is conducted by a quorum of the board and the board president is not present, the directors conducting the hearing may select a director to serve as the presiding officer.
(d) The presiding officer may:
(1) convene the hearing at the time and place specified in the notice;
(2) set any necessary additional hearing dates;
(3) designate the parties regarding a contested application;
(4) establish the order for presentation of evidence;
(5) administer oaths to all persons presenting testimony;
(6) examine persons presenting testimony;
(7) ensure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing the rights of any party;
(8) prescribe reasonable time limits for testimony and the presentation of evidence;
(9) exercise the procedural rules adopted under Section 36.415; and
(10) determine how to apportion among the parties the costs related to:
(A) a contract for the services of a presiding officer; and
(B) the preparation of the official hearing record.
(e) Except as provided by a rule adopted under Section 36.415, a district may allow any person, including the general manager or a district employee, to provide comments at a hearing on an uncontested application.
(f) The presiding officer may allow testimony to be submitted in writing and may require that written testimony be sworn to. On the motion of a party to the hearing, the presiding officer may exclude written testimony if the person who submits the testimony is not available for cross-examination by phone, a deposition before the hearing, or other reasonable means.
(g) If the board has not acted on the application, the presiding officer may allow a person who testifies at the hearing to supplement the testimony given at the hearing by filing additional written materials with the presiding officer not later than the 10th day after the date of the hearing. A person who files additional written material with the presiding officer under this subsection must also provide the material, not later than the 10th day after the date of the hearing, to any person who provided comments on an uncontested application or any party to a contested hearing. A person who receives additional written material under this subsection may file a response to the material with the presiding officer not later than the 10th day after the date the material was received.
(h) The district by rule adopted under Section 36.417 may authorize the presiding officer, at the presiding officer's discretion, to issue an order at any time before board action under Section 36.411 that:
(1) refers parties to a contested hearing to an alternative dispute resolution procedure on any matter at issue in the hearing;
(2) determines how the costs of the procedure shall be apportioned among the parties; and
(3) appoints an impartial third party as provided by Section 2009.053, Government Code, to facilitate that procedure.
Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 53 (S.B. 693), Sec. 1, eff. May 12, 2011.
Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 5, eff. June 10, 2015.
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