(a) The impartial hearing officer has the authority and duty to:
  (1) conduct a full and impartial hearing;
  (2) take action to avoid unnecessary delay in the disposition of the proceeding; and
  (3) maintain order.
(b) The impartial hearing officer has the power to regulate the course of the hearing, including the power to:
  (1) administer oaths;
  (2) take testimony;
  (3) rule on questions of evidence;
  (4) rule on discovery issues;
  (5) issue orders relating to hearing and prehearing matters, including orders granting motions to subpoena witnesses and imposing nonmonetary sanctions regarding discovery;
  (6) admit or deny party status;
  (7) limit irrelevant, immaterial, and unduly repetitious testimony and reasonably limit the time for presentations;
  (8) grant continuance(s);
  (9) request parties to submit legal memoranda, proposed findings of fact, and conclusions of law; and
  (10) issue decisions based on findings of fact and conclusions of law.
(c) Unless required for the disposition of ex parte matters authorized by law, the impartial hearing officer may not directly or indirectly communicate in connection with any issue of fact or law with the commissioner or any party or a party's authorized representative, except on notice and opportunity for each party to participate.
(d) The authority of the impartial hearing officer concerning any discovery under subsection (b) of this section is subject to the authority granted by these rules or the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.

Source Note: The provisions of this §101.913 adopted to be effective March 12, 2012, 37 TexReg 1706