1 Tex. Admin. Code § 357.493 - Conduct of Hearing
(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.
(h) Participants and observers shall conduct
themselves with dignity, shall show courtesy and respect for one another and
for the judge, and shall follow any additional guidelines of decorum prescribed
by the judge. The judge may take appropriate action to maintain and enforce
proper conduct and decorum, including:
(1)
issuing a warning;
(2) excluding a
person from the proceeding; or
(3)
recessing the proceeding.
(i) The judge shall make a record of all
proceedings, except the judge may waive the making of a record of a pre-hearing
conference and may reflect the actions taken in a written order.
(j) On the written request by a party, or at
the request of the judge, a court reporter shall prepare a transcript of all or
part of the proceedings. The party requesting the transcript shall pay the
costs unless the parties agree to share the costs. When only the judge requests
a transcript, the referring agency shall pay the costs unless the parties agree
to share the costs.
Notes
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