40 Tex. Admin. Code § 705.1519 - When and where will the EMR hearing take place and who conducts the hearing?
(a) An EMR hearing
is conducted by an administrative law judge with HHSC. The administrative law
judge is responsible for scheduling the date, time, and location for the
hearing. At the discretion of the administrative law judge, a pre-hearing
conference may be conducted in person or by phone before the scheduling or
conduct of the EMR hearing.
(b) The
administrative law judge sends the parties a notice of a hearing providing the
date, time, and location for the hearing, as well as the name of the
administrative law judge, and how to contact the administrative law
judge.
(c) The hearing is usually
held in the same DFPS region where the alleged reportable conduct took place.
The administrative law judge reserves the right to take all or some of the
testimony at the hearing by telephone or video conference and may consider a
request by any party to have the hearing conducted in a different location for
good cause.
(d) If a criminal case
against the employee arises because of the same reportable conduct, DFPS may
postpone the EMR hearing until the criminal case resolves.
Notes
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