(a) Every person or entity named or admitted as a party to a contested case has an equal right to participate fully in all stages of the proceeding.
(b) Party status is limited to persons or entities with a legal right, duty, privilege, power, or economic interest that may be directly affected by the outcome of the proceeding or who are entitled to be parties pursuant to a statute or regulation governing the particular proceeding.
(c) Party status will not be conferred on persons or entities that:
  (1) only have an interest in the outcome of the proceeding that is common to members of the general public;
  (2) seek to litigate issues that are not by statute or regulation made part of the administrative proceeding in which party status is sought; or
  (3) are not among the persons or entities described by statute or regulation as eligible to participate in the particular type of administrative proceeding in which party status is sought.
(d) The administrative law judge has discretion to allow a member of the general public who has not been admitted as a party to testify under oath or affirmation in a contested case. The administrative law judge may set fair and reasonable conditions on such an appearance, and the testimony shall be subject to cross-examination, challenge and rebuttal. After affording all parties a reasonable opportunity to be heard on this issue, the administrative law judge shall determine the extent, if any, to which a member of the general public who is not a party will be allowed to participate in a contested case.

Source Note: The provisions of this §9.15 adopted to be effective November 13, 1997, 22 TexReg 10951.