(a) Hearings shall be held by a hearing examiner designated by the commissioner. The hearing examiner shall make findings of fact and promptly issue to the commissioner a written decision as to the unauthorized nature of the structure, the imposition of penalties, and the need for removal of the structure and make a recommendation as to the removal requirements, the amount of any proposed penalty and costs, or both.
(b) A hearing examiner assigned to a particular proceeding or case shall have the authority to:
  (1) convene a hearing;
  (2) administer oaths to all persons presenting testimony;
  (3) rule on motions;
  (4) rule on the admissibility of evidence;
  (5) designate and align parties and establish the order for presentation of evidence;
  (6) examine witnesses;
  (7) set hearing dates;
  (8) set prehearing conferences;
  (9) when required, issue subpoenas to compel the attendance of witnesses or the production of papers and documents related to a hearing;
  (10) commission and require the taking of depositions;
  (11) define the jurisdiction of the General Land Office concerning the matter under consideration;
  (12) limit testimony to matters within the jurisdiction of the General Land Office;
  (13) ensure that information and testimony are introduced as conveniently and expeditiously as possible without prejudicing the rights of any party to the proceeding;
  (14) recess, continue, or reschedule any hearing; and
  (15) exercise any other appropriate powers necessary or convenient to carry out the examiner's responsibilities.
(c) If a hearing examiner fails for any reason to complete an assigned case before a proposal for decision is prepared, the commissioner may designate another examiner to complete the assigned case without the necessity for duplicating any duty or function performed by the previous examiner.

Source Note: The provisions of this §17.21 adopted to be effective April 22, 1992, 17 TexReg 2472.