Texas Occupations Code 1103.513 – Order of Proceedings
Terms Used In Texas Occupations Code 1103.513
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
A contested case hearing shall be conducted in the following order, subject to modification at the discretion of the administrative law judge:
(1) the administrative law judge shall read a summary of the charges and answers to the charges and other responsive pleadings filed by the appraiser or appraiser trainee before the hearing;
(2) the attorney representing the board shall make a brief opening statement, including a summary of the charges and a list of the witnesses and documents to support the charges;
(3) the appraiser or appraiser trainee may make an opening statement, including the names of any witnesses the appraiser or appraiser trainee may call;
(4) the attorney representing the board shall present evidence, concluding with a summary of the evidence for the state;
(5) the appraiser or appraiser trainee shall present evidence;
(6) the attorney representing the board may present rebuttal evidence;
(7) the appraiser or appraiser trainee may present rebuttal evidence; and
(8) the closing arguments shall be made in the following order:
(A) the attorney representing the board;
(B) the appraiser or appraiser trainee; and
(C) the attorney representing the board on rebuttal.