Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.55 - Order of Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Examiner
				shall open the hearing and make a concise statement of its scope and purposes.
				Once the hearing has begun, the Parties or their Authorized Representatives may
				be off the record only when the Examiner permits. A Party may, without
				requesting leave from the Examiner, record any non-privileged off the record
				discussions during the hearing. If a discussion off the record is pertinent,
				the Examiner may summarize such discussion for the record. Appearances are to
				be entered on the record by all Parties, their Authorized Representatives, and
				any Persons who may testify during the Proceedings. All Persons present who may
				testify will then be placed under oath. Thereafter, Parties may make motions or
				opening statements.
(b) Burden of
				Proof. The Party seeking relief is the Party with the burden of proof on all
				issues throughout the Proceedings, including issues in the nature of an
				affirmative defense.
(c) Following
				opening statements, if any, by both sides, the Party with the burden of proof
				may be directed to proceed with his direct case. Questions from the Examiner
				shall be limited to matters of clarification only, and such questions shall not
				be used to assist Parties with the burden of proof in meeting their burden or
				as a substitute for cross-examination.
(d) Invocation of "The Rule." Upon the motion
				of any Party to the Proceeding, nonparty witnesses shall be excluded during the
				testimony phase of the Proceeding as provided in Tex. R. Civ. P. 267(a) - (d).
				A witness or Party's failure to comply with the Examiner's Order granting such
				motion may be subject to an appropriate sanction as provided in §
									67.13 of this
				chapter (relating to conduct and decorum).
(e) Where the Proceeding is initiated at the
				Executive Director's or the Board's or its designee's own call, or where
				several Proceedings are heard on a consolidated record, the Examiner shall
				designate who shall open and close and at what stage intervenors shall be
				permitted to offer evidence.
(f)
				Opportunity for cross-examination and presentation of direct and rebuttal
				evidence shall be afforded all Parties. After all Parties have completed the
				presentation of their evidence, and been afforded the opportunity to ask
				clarifying questions and to cross-examine adverse witnesses, closing arguments
				may be allowed. The Party with the burden of proof shall be entitled to open
				and close.
(g) On a proper motion
				and showing of good cause that evidence was not reasonably known or knowable to
				the movant, or was not provided in response to a proper discovery request, the
				Examiner may also call upon any Party to provide further relevant and material
				evidence upon any issue in the Proceeding before the issuance of a proposal for
				decision; however, no such evidence shall be allowed into the record without an
				opportunity for discovery, inspection, cross-examination, and rebuttal by the
				other Parties.