SECTION 157.1133. Hearing Procedures

A hearing requested pursuant to §157.1131 of this title (relating to Applicability) shall be conducted in the following manner.

(1) The hearing shall be conducted by the State Office of Administrative Hearings unless the school district or open-enrollment charter school and the Texas Education Agency (TEA) agree in writing to the appointment of another qualified person to conduct the hearing.

(2) Except as otherwise provided by this subchapter, a hearing conducted under this section is a contested case under Texas Government Code, Chapter 2001.

(3) A hearing conducted under this section shall be held at the administrative offices of the school district or open-enrollment charter school that requested the hearing or at another location within the geographic boundaries of the district or charter school agreed to by the district and TEA, unless the district or charter school and TEA agree in writing to a different location.

(4) To protect the privacy of a witness who is a child, the hearing examiner or the person conducting the hearing may:

(A) close the hearing to receive the testimony of the witness; or

(B) order that the testimony or a statement of the witness be presented using the procedures prescribed by the Code of Criminal Procedure, Article 38.071.

(5) Not later than 90 calendar days after the date on which the school district or open-enrollment charter school requests a hearing, the hearing examiner or the person conducting the hearing shall issue and submit to the commissioner of education findings of fact and conclusions of law. The hearing examiner or the person conducting the hearing may not issue a recommendation for relief.

(6) A hearing conducted under this section may not be held on a Saturday, Sunday, or state or federal holiday, unless agreed to by the school district or open-enrollment charter school that requested the hearing and TEA.

Source Note: The provisions of this §157.1133 adopted to be effective April 6, 2022, 47 TexReg 1691