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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 101ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER EAPPEALS AND HEARING PROCEDURES
DIVISION 1GENERAL RULES
RULE §101.929Conduct of Hearing

(a) On a genuine issue in a contested case, each party or authorized representative is entitled to:

  (1) call witnesses, including parties;

  (2) offer evidence;

  (3) cross-examine any witness called by another party; and

  (4) make opening and closing statements.

(b) Once the hearing is begun, the parties and authorized representatives may be off the record only when the impartial hearing officer permits. If the discussion off the record is pertinent, then the impartial hearing officer summarizes the discussion for the record.

(c) Objections shall be timely noted in the record.

(d) The impartial hearing officer may continue a hearing from time to time and from place to place. If the time and place for the hearing to reconvene are not announced at the hearing, a notice is mailed stating the time and place of the hearing.

(e) The impartial hearing officer may question witnesses and parties and/or direct the submission of supplemental evidence.


Source Note: The provisions of this §101.929 adopted to be effective March 12, 2012, 37 TexReg 1706

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