| (a) Assignment of hearing examiner. When a department program receives a timely request for a hearing, the program shall within ten days after receipt, forward such request, along with other pertinent documentation relating to such request, to the Office of General Counsel for the purpose of docketing, assignment of a representative of the program, and assignment of a hearing examiner to conduct the hearing. Neither the hearing examiner nor the program representative need be an attorney. (b) Notification of hearing. The hearing examiner shall, not less than ten days prior to the date of the hearing, send a written notification of the hearing to the affected person who has requested the hearing. The notification shall contain the basis of the proposed action; the time, date, and place of the hearing; and a statement that the affected person may request the fair hearing be conducted based on the taking of oral testimony or written information contained
in the program file and any additional written information the person may wish to submit, without the necessity of taking oral testimony. (c) Discovery. The affected person shall be given the opportunity to examine the case file, claim file and any other documents or records the program intends to use at the fair hearing at a reasonable time before and during the hearing. There shall be no other discovery. (d) Location of hearing. Hearings will be held in Austin, unless the hearing examiner determines that circumstances exist which justify that the hearing be held in another location. A fair hearing may be conducted through telecommunications on order of the hearing examiner. (e) Privileges, evidence, and procedure. Only the rules contained in this undesignated head apply to fair hearings. Any party to a fair hearing is not required to disclose communications between a lawyer and client, a husband and wife, a clergy-person and
a person seeking spiritual advice, or the name of an informant or other information protected by federal or state substantive law from being divulged. No decision may be based on undisclosed information. (f) Hearing based on written information. The hearing may be conducted based on the written information contained in the program files and additional written information submitted to the hearing examiner and the other party not less than three days prior to the hearing without the necessity of taking oral testimony. (g) Dismissal of hearing. The hearing examiner shall deny or dismiss a request for a fair hearing and the proposed action may be taken if the affected person withdraws the request in writing or fails to appear at the scheduled hearing without good cause.
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