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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 711INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS
SUBCHAPTER OEMPLOYEE MISCONDUCT REGISTRY
RULE §711.1421When and where will the EMR hearing take place and who conducts the hearing?

(a) An EMR hearing will be conducted by an administrative law judge with the Health and Human Services Commission. 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 prior to the scheduling or conduct of the EMR hearing.

(b) The administrative law judge will send the parties a Notice of EMR 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 will usually be 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.


Source Note: The provisions of this §711.1421 adopted to be effective March 1, 2002, 27 TexReg 955; amended to be effective March 1, 2008, 33 TexReg 1360; amended to be effective September 1, 2010, 35 TexReg 6835; amended to be effective September 1, 2012, 37 TexReg 6322

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