40 Tex. Admin. Code § 807.386 - Hearing Officer Independence and Impartiality
(a) A hearing
officer presiding over a hearing shall have all powers necessary and
appropriate to conduct a full, fair, and impartial hearing. Hearing officers
shall remain independent and impartial in all matters regarding the handling of
any issues during the pendency of a case and in issuing their written
decisions.
(b) A hearing officer
shall be disqualified if the hearing officer has a personal interest in the
outcome of the appeal or if the hearing officer directly or indirectly
participated in the determination on appeal. Any party may present facts to the
Agency in support of a request to disqualify a hearing officer.
(c) The hearing officer may withdraw from a
hearing to avoid the appearance of impropriety or partiality.
(d) Following any disqualification or
withdrawal of a hearing officer, the Agency will assign an alternate hearing
officer to the case. The alternate hearing officer shall not be bound by any
findings or conclusions made by the disqualified or withdrawn hearing
officer.
Notes
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