| (a) Department representative--The associate commissioner for legal services or his designee appoints an attorney to represent the department. The attorney has authority over the manner and substance of the presentation of the department's case. (b) Notice of hearing and statement of issues--Within 30 days after he receives the request the administrative law judge selects a hearing date. On motion of the department representative or on the administrative law judge's own motion, the timely filing of the hearing request may be challenged. The administrative law judge decides whether the request was filed on time. At least 20 days before the date of the hearing, the administrative law judge must notify the respondent and petitioner, in writing, about the hearing date. The administrative law judge may expedite the hearing if any party showing good cause requests it. In this event, all parties must be sent at least 10-day notice of the hearing
date. (1) The written notice includes: (A) a statement of the time, place, and nature of the hearing; and (B) a statement of the legal authority and jurisdiction under which the hearing will be held. (2) At least 10 days before the hearing date, the department's representative must deliver to the petitioner and file with the administrative law judge: (A) a reference to the particular sections of the statutes and rules involved; and (B) a concise statement of the matters asserted by the department.
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| Source Note: The provisions of the §730.1707 adopted to be effective January 1, 1990, 14 TexReg 5937; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.
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