Section 1.67 - Offers of Proof(a) When the examiner excludes evidence, the party offering the evidence shall be permitted to make an offer of proof prior to the close of the hearing. (1) The party may make the offer in question and answer form, or by dictating or submitting in writing the substance of the proposed evidence.(2) The examiner may direct the manner in which the offer is made and may ask questions if necessary to conclude that the evidence would be as represented.(3) The examiner and opposing parties shall be entitled to cross-examine any witness testifying on an offer of proof.(b) The examiner may direct that offers of proof be transcribed separately and that reporter's costs be assessed against the proponent of the evidence, subject to the Commissioners' review of the examiner's ruling.16 Tex. Admin. Code § 1.67
Adopted by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4137, eff. 8/21/2017