Sec. 161.165. FORMAL HEARING: SUBPOENAS AND WITNESSES. (a) A subpoena or other request to testify shall be served sufficiently in advance of the scheduled appearance at a formal hearing to allow a reasonable period, as determined by the commission, for the person subpoenaed to prepare for the hearing and to employ counsel if desired.
(b) Except as provided by Section 161.166(a)(1), the commission may order that a person may not, except as specifically authorized by the presiding officer, make public the name of a witness subpoenaed by the commission before the date of that witness's scheduled appearance.
(c) A witness may read a written statement or present a brief oral opening statement at a formal hearing, subject to the rules of evidence applicable to a contested case under Section 2001.081, Government Code.
(d) A person whose name is mentioned or who is identified or referred to in testimony or in statements made by a commission member, commission staff member, or witness and who reasonably believes that the statement tends to adversely affect the person's reputation may:
(1) request to appear personally before the commission to testify in the person's own behalf; or
(2) file a sworn statement of facts relevant to the testimony or statement that the person believes adversely affects the person's reputation.
(e) A witness who testifies at a formal hearing must be sworn.
Added by Acts 2009, 81st Leg., R.S., Ch. 799 (S.B. 1368), Sec. 1, eff. September 1, 2009.
Section: Previous 161.158 161.159 161.160 161.161 161.162 161.163 161.164 161.165 161.166 161.167 161.168 161.169 161.170 161.171 161.172 NextLast modified: September 28, 2016