| (a) The arbitration hearing shall be scheduled to begin
no later than the 90th day after the date that the arbitrator is selected.
(b) The arbitrator shall set the date, time, and place
for each hearing. She/he shall send a notice of hearing to the parties
at least 30 days in advance of the hearing date, unless otherwise
agreed to by the parties. A copy of such notice shall be simultaneously
filed with SOAH by the arbitrator.
(c) The arbitrator may grant a continuance of the arbitration
at the request of DADS or the facility. The arbitrator may not unreasonably
deny a request for a continuance.
(d) Arbitration hearings normally will be held at SOAH's
hearings facility in Austin, Texas. If a party seeks to have the arbitration
hearing held elsewhere, the party shall submit a written request to
the arbitrator and make a showing of good cause. The arbitrator shall
have sole discretion to determine whether to grant such a request.
If the arbitrator grants the request, the arbitrator shall determine
how the incidental expenses of holding the arbitration hearing outside
of Austin will be apportioned between the parties. Incidental expenses
include the cost of renting a room for the hearing and the arbitrator's
travel expenses. Preference will be given to using state facilities.
The arbitrator may require that the incidental expenses be paid in
advance of the arbitration hearing.
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