|(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