(a) Posted agenda items. A person may speak before the board on any matter on a posted agenda by submitting a request, in a form and manner as prescribed by the department, prior to the matter being taken up by the board. A person speaking before the board on an agenda item will be allowed an opportunity to speak:

(1) prior to a vote by the board on the item; and

(2) for a maximum of three minutes, except as provided in subsections (d)(6), (e), and (f) of this section.

(b) Open comment period.

(1) At the conclusion of the posted agenda of each regular business meeting, the board shall allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the board.

(2) A person desiring to appear under this subsection shall complete a registration form, as provided by the department, prior to the beginning of the open comment period.

(3) Except as provided in subsections (d)(6) and (e) of this section, each person shall be allowed to speak for a maximum of three minutes for each presentation in the order in which the speaker is registered.

(c) Disability accommodation. Persons with disabilities, who have special communication or accommodation needs and who plan to attend a meeting, may contact the department in Austin to request auxiliary aids or services. Requests shall be made at least two days before a meeting. The department shall make every reasonable effort to accommodate these needs.

(d) Conduct and decorum. The board shall receive public input as authorized by this section, subject to the following guidelines.

(1) Questioning of those making presentations shall be reserved to board members and the department's administrative staff.

(2) Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible.

(3) Presentations shall remain pertinent to the issue being discussed.

(4) A person who disrupts a meeting shall leave the meeting room and the premises if ordered to do so by the chair.

(5) Time allotted to one speaker may not be reassigned to another speaker.

(6) The time allotted for presentations or comments under this section may be increased or decreased by the chair, or in the chair's absence, the vice chair, as may be appropriate to assure opportunity for the maximum number of persons to appear.

(e) Waiver. Subject to the approval of the chair, a requirement of this section may be waived in the public interest if necessary for the performance of the responsibilities of the board or the department.

(f) Contested Cases. The parties to a contested case under review by the board shall be allowed an opportunity to provide an oral presentation to the board, subject to the following limitations and conditions.

(1) Each party shall be allowed a maximum of 15 minutes for their oral presentation.

(2) No party is allowed to provide a rebuttal or a closing statement.

(3) Any party that is intervening in support of another party shall share that party's time; however, this provision is limited to intervenors of record from the State Office of Administrative Hearings' proceeding.

(4) Time spent by a party responding to any board questions is not counted against their time.

(5) The parties to a contested case under review by the board shall limit their oral presentation and discussion to evidence in the State Office of Administrative Hearings' administrative record.

(6) During an oral presentation, a party to the contested case before the board may orally claim that a presenting party talked about evidence that is not contained in the State Office of Administrative Hearings' administrative record; time spent discussing such claims is not counted against the objecting party's time.

(7) A party must timely comply with the requirements of §215.59 of this title (relating to Request for Oral Presentation) before it is authorized to provide an oral presentation to the board.

Source Note: The provisions of this §206.22 adopted to be effective February 4, 2010, 35 TexReg 654; amended to be effective June 25, 2015, 40 TexReg 4000; amended to be efective February 28, 2021, 46 TexReg 1252