|(a) In all situations not specifically provided for
in the Act or in the rules of the Agency, a hearing may, at the discretion
of the Commission, be afforded an employing unit upon its written
request, in any case involving tax liability or any question relating
to contributions or reimbursements. Hearings under this section shall
continue to be termed Rule 13 Hearings. The written request for hearing
may be filed by hand delivery, mail, common carrier, facsimile (fax)
transmission, or other method approved by the Agency in writing, at
a local tax office or the Texas Workforce Commission, 101 East 15th
Street, Austin, Texas 78778-0001.
(b) The Commission may on its own motion set a hearing
to secure the facts to establish the status of any individual or employing
unit under any section of the Act.
(c) The Commission may designate a representative to
preside over the hearing. Hearings shall be conducted by telephone
conference call unless the supervisor of the hearing officers or the
supervisor's designee determines that an in-person hearing is necessary.
The hearings will be scheduled and, if an in-person hearing, held
at a place designated by the supervisor of the hearings officers or
the supervisor's designee in accordance with paragraphs (1) - (3)
of this subsection and the applicable provisions in this chapter.
(1) Written notice of the date and time of the hearings
shall be given to the parties, and the location if it is an in-person
hearing, at least 10 days before the date of the hearing; but if a
setting at an earlier date is requested by an individual or employing
unit, the supervisor of the hearings officers or the supervisor's
designee may at the supervisor's discretion grant that request, if
the granting of the request will not prejudice the rights of any other
party to the proceedings, including the Agency itself. The notice
shall be mailed to the parties at their last-known addresses.
(2) In these proceedings before a hearings officer,
all parties shall be given an opportunity for full, fair, and impartial
hearing. The hearings shall be conducted in the manner deemed most
suitable to ascertain the facts and to determine the rights of the
parties. All testimony taken shall be under oath and subject to the
right of cross-examination by any adverse party, and it shall be recorded.
When necessary, the hearing officer may order the taking of depositions.
The submission of written briefs, affidavits, and other written memoranda
may be required.
(3) A witness, whose attendance at a hearing is required,
may be allowed a fee and mileage on the same basis and to the same
extent as is provided for witnesses under §815.18 of this chapter
(relating to General Rules for Both Appeal Stages).
(d) The Commission, following each hearing, shall issue
a decision, which shall resolve the questions involving tax liability
or any question relating to contributions or reimbursements which
arose at the hearing. Copies of written decisions of the Commission
shall be furnished the parties to the hearings.
(e) A decision of the Commission shall become final
30 days after the date of mailing unless, within the 30-day period,
the proceeding is either reopened by a Commission order or by a party
to the proceeding filing a written motion for reconsideration in accordance
with the provisions of §815.17(f) of this chapter (relating to
General Rules for Both Appeal Stages). The motion for reconsideration
is sent to the address listed in the decision. A decision is not binding
on a person who was not a party to a proceeding conducted under this