| (a) An EMR hearing is 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 before the scheduling or conduct of the EMR
hearing.
(b) The administrative law judge sends the parties
a notice of a 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 is usually 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.
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