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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 1PRACTICE AND PROCEDURE
SUBCHAPTER ADEFINITIONS AND GENERAL PROVISIONS
RULE §1.10Commissioner Conduct

(a) Participation in Contested Cases.

  (1) When considering contested case issues, a Railroad Commissioner shall not allow any relationship, personal or pecuniary, to influence decisions or policies, and shall not convey, or permit others to convey, the impression that any person is in a special position to influence commission decisions.

  (2) A commissioner will recuse himself or herself from a contested case issue any time his or her impartiality might reasonably be questioned, including but not limited to, any time he or she, or anyone within the third degree of kinship by affinity or consanguinity with the commissioner:

    (A) is a party to the proceeding;

    (B) is acting as counsel to a party; or

    (C) has a financial or other interest in the matter in controversy that could be substantially affected by the outcome of the proceeding.

  (3) A commissioner otherwise subject to the provisions of paragraph (2) of this subsection who elects not to recuse himself or herself will place in the record, and in the Texas Register , a written explanation of any potential conflict and a reasoned justification for not complying with paragraph (2) of this subsection.

  (4) A commissioner who believes another commissioner has violated this section shall raise the issue in a posted meeting at the first opportunity.

(b) Interpretation guidance. The following commentary is to assist in the application of this section.

  (1) In considering whether to recuse himself or herself from deliberation or decision in any particular contested case, a commissioner should consult Rule 18b, Texas Rules of Civil Procedure, which pertains to judges. Reference to this rule is appropriate for a commissioner acting in a quasi-judicial capacity.

  (2) In subsection (a) of this section, the degree of relationship should be computed according to Texas Government Code, Chapter 573.


Source Note: The provisions of this §1.10 adopted to be effective May 28, 2001, 26 TexReg 3737

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