40 Tex. Admin. Code § 4.159 - The Administrative Hearing

(a) The person requesting the hearing has the option of having the hearing open or closed to the public.

(b) The individual, LAR, and CEO have the right to:

(1) be present at the hearing and represent themselves or have another person represent them;

(2) examine witnesses;

(3) present oral and written testimony and evidence;

(c) Any interested person may appear at the hearing and give oral or written testimony.

(d) In a hearing held under the Texas Health and Safety Code, § 593.008, the individual, LAR, or representative may introduce the results of an independent determination of mental retardation.

(e) The hearing shall be tape recorded and the state MR facility or mental retardation authority, as appropriate, shall provide the equipment for such recording.

(f) The hearing officer must notify the parties, in writing, of any requests or orders made by the hearing officer, including that for submission of documents. If the hearing officer requests the submission of documents, then the notification must include a statement that each party must provide a copy of all documents submitted to the hearing officer to the other parties within a time period specified by the hearing officer.

(g) The hearing officer may not orally announce the decision of the hearing on the date of the hearing unless the hearing officer intends to issue a written decision on that day.

Notes

40 Tex. Admin. Code § 4.159

The provisions of this §4.159 adopted to be effective December 27, 2000, 25 TexReg 12785; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841