Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.113 - Commission Hearings Involving Coverage and Contributions or Reimbursements

Current through Reg. 49, No. 28; July 12, 2024
(a) In all situations not specifically
				  provided for in the Act or in the rules of the Agency, a hearing may, at the
				  discretion of the Commission, be afforded an employing unit upon its written
				  request, in any case involving tax liability or any question relating to
				  contributions or reimbursements. Hearings under this section shall continue to
				  be termed Rule 13 Hearings. The written request for hearing may be filed by
				  hand delivery, mail, common carrier, facsimile (fax) transmission, or other
				  method approved by the Agency in writing, at a local tax office or the Texas
				  Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001.
(b) The Commission may on its own motion set
				  a hearing to secure the facts to establish the status of any individual or
				  employing unit under any section of the Act.
(c) The Commission may designate a
				  representative to preside over the hearing. Hearings shall be conducted by
				  telephone conference call unless the supervisor of the hearing officers or the
				  supervisor's designee determines that an in-person hearing is necessary. The
				  hearings will be scheduled and, if an in-person hearing, held at a place
				  designated by the supervisor of the hearings officers or the supervisor's
				  designee in accordance with paragraphs (1) - (3) of this subsection and the
				  applicable provisions in this chapter.
(1)
				  Written notice of the date and time of the hearings shall be given to the
				  parties, and the location if it is an in-person hearing, at least 10 days
				  before the date of the hearing; but if a setting at an earlier date is
				  requested by an individual or employing unit, the supervisor of the hearings
				  officers or the supervisor's designee may at the supervisor's discretion grant
				  that request, if the granting of the request will not prejudice the rights of
				  any other party to the proceedings, including the Agency itself. The notice
				  shall be mailed to the parties at their last-known addresses.
(2) In these proceedings before a hearings
				  officer, all parties shall be given an opportunity for full, fair, and
				  impartial hearing. The hearings shall be conducted in the manner deemed most
				  suitable to ascertain the facts and to determine the rights of the parties. All
				  testimony taken shall be under oath and subject to the right of
				  cross-examination by any adverse party, and it shall be recorded. When
				  necessary, the hearing officer may order the taking of depositions. The
				  submission of written briefs, affidavits, and other written memoranda may be
				  required.
(3) A witness, whose
				  attendance at a hearing is required, may be allowed a fee and mileage on the
				  same basis and to the same extent as is provided for witnesses under §
											815.18
				  of this chapter (relating to General Rules for Both Appeal Stages).