(a) An EMR hearing will be conducted by an administrative
law judge with HHSC. 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 HHSC
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, HHSC may postpone the EMR
hearing until the criminal case resolves.
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