Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 22 - PROCEDURAL RULES › Subchapter K - HEARINGS › Section 22.203 - Order of Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Opening the
				  evidentiary hearing. The presiding officer shall open the hearing by making a
				  concise statement of its scope and purposes and by taking appearances of each
				  party or the party's authorized representative.
(b) Order of procedure in evidentiary
				  hearings.
(1) The party with the burden of
				  proof on the whole proceeding shall be entitled to open and to close. Parties
				  shall be allowed to make opening statements. Following opening statements, if
				  any, the party with the burden of proof shall be allowed to proceed with its
				  direct case. Opposing parties shall be allowed to cross-examine each witness,
				  consistent with any order aligning parties. Each party shall then present its
				  case and witnesses will be subjected to cross-examination. Unless otherwise
				  ordered by the presiding officer for good cause, the commission staff
				  representing the public interest shall be the last party to present a direct
				  case.
(2) Redirect or recross
				  examination will be limited to matters raised in the round of examination
				  immediately preceding the redirect or recross examination.
(3) The party with the burden of proof may
				  rebut evidence presented by opposing parties after all parties have presented
				  their direct cases. Rebuttal may be afforded other parties at the presiding
				  officer's discretion, provided that the party with the burden of proof shall be
				  entitled to make the closing presentation, which may include
				  surrebuttal.
(4) The presiding
				  officer may allow supplemental rebuttal only to the extent that the party with
				  the burden of proof could not have reasonably anticipated the need for such
				  evidence in time to file it with the party's main rebuttal case. Oral
				  supplemental rebuttal may be allowed, provided that the testimony is in
				  response to matters first brought up in cross examination of a nonapplicant
				  witness and only to the extent that the applicant could not have reasonably
				  anticipated the need for such evidence in time to file it in written form. If a
				  party intends to present supplemental rebuttal, it shall state in writing or on
				  the record at the beginning of the presentation of its rebuttal case which
				  witnesses will be presenting supplemental rebuttal, the general subject of the
				  supplemental rebuttal, the evidence which the supplemental rebuttal is intended
				  to rebut, and which rebuttal, if any, will be oral rather than written. Written
				  supplemental rebuttal, if allowed, shall be filed no later than five working
				  days after the date the evidence being rebutted was admitted. Oral supplemental
				  rebuttal shall be limited to evidence offered to rebut evidence admitted less
				  than five working days before the oral supplemental rebuttal is offered. Any
				  exhibits offered during oral supplemental rebuttal shall be distributed to the
				  presiding officer and the parties at the beginning of the applicant's rebuttal
				  case, unless otherwise ordered by the presiding officer. A party may be
				  exempted from the requirements of this subparagraph only upon a showing that
				  compliance is not feasible.
(5)
				  After parties have completed the presentation of evidence, and have been
				  afforded the opportunity to cross-examine the other parties' witnesses, closing
				  statements shall be allowed. Such statements shall be made either in writing or
				  orally at the presiding officer's discretion.
(6) The presiding officer may question any
				  witness testifying in a case. A party may raise an evidentiary objection to any
				  question asked by the presiding officer, and the presiding officer shall rule
				  on any such objection.
(7) Subject
				  to the requirements of APA, the presiding officer may call upon any party for
				  further material or relevant evidence on any issue before issuing a proposal
				  for decision. The additional evidence shall not be admitted without an
				  opportunity for inspection, objection, and cross-examination by all parties,
				  and rebuttal by the party with the burden of proof on the whole
				  proceeding.