Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - HEARINGS › Subchapter I - HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT › Section 357.493 - Conduct of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  otherwise required by law, all contested case proceedings are open to the
				  public, except the judge may take necessary steps to limit attendance due to
				  any physical limitations of the hearing facility.
(b) The referring agency has the burden of
				  proof unless otherwise specified by statute or rule. The party with the burden
				  of proof presents evidence first, unless the judge orders otherwise. The burden
				  of proof is by a preponderance of the evidence unless otherwise provided by
				  statute or rule.
(c) The referring
				  agency is normally responsible for providing reasonable accommodation for an
				  individual with limited English proficiency or for disclosed disabilities. The
				  party requesting reasonable accommodation shall do so in writing to the judge
				  at least seven days before the hearing or setting. For good cause shown, the
				  judge may consider a request filed after this deadline. The judge determines
				  when an agency shall provide a reasonable accommodation.
(d) The judge may issue an order permitting a
				  party or witness to appear by telephone. The party seeking to participate by
				  telephone must file a motion no later than seven days before the hearing. The
				  motion must state the reason for the request and contain the telephone number
				  where the party or witness can be reached. The non-moving party must file a
				  response to the motion no later than two days after receipt of the motion.
				  Based on a consideration of good cause, the judge issues an order granting or
				  denying the request no later than two days before the hearing.
(e) The judge may issue an order permitting a
				  party or witness to appear by video conference. The party seeking to
				  participate by video conference must file a motion no later than 14 days before
				  the hearing or setting. The motion must state the reason for the request and
				  the city of residence of the party or witness. The non-moving party must file a
				  response to the motion no later than two days after receipt of the motion. In
				  deciding whether to grant the request, the judge may consider any relevant
				  matter including the availability of video conferencing facilities or
				  equipment.
(f) When the judge
				  grants a motion under subsection (d) or (e) of this section, a party must file
				  with the judge and serve the other party with all documentary evidence to be
				  offered at the hearing or setting, at least three days before the hearing or
				  setting. The judge may amend this filing deadline by written order.
(g) When the judge grants a motion under
				  subsection (d) or (e) of this section, the judge may rule that any of the
				  following is a failure to appear and grounds for default, if it occurs for more
				  than ten minutes after the scheduled hearing time:
(1) failure to answer the telephone or video
				  conference line;
(2) failure to
				  free the telephone or video conference line for the proceeding; or
(3) failure to be ready to proceed with the
				  hearing or pre-hearing conference as scheduled.