When the examiner excludes testimony, the party offering the evidence shall be permitted to make an offer of proof prior to the close of the hearing. The party may make the offer by dictating or submitting in writing the substance of the proposed testimony or by perfecting a bill of exceptions as in civil trials. The examiner may direct the manner in which the offer is made and may ask questions if necessary to conclude that the evidence would be as represented. The examiner and opposing parties shall be entitled to cross-examine any witness testifying on a bill of exceptions and to develop evidence on the bill. The examiner may direct that bills of exception be transcribed separately and that reporter's costs be assessed against the proponent of the bill, subject to commission review of the examiner's ruling.


Source Note: The provisions of this §1.108 adopted to be effective June 1, 1991, 16 TexReg 2289.