SECTION 357.15. Scheduling Hearings and Notice Requirements

(a) Scheduling:

(1) Except as provided by paragraph (2) of this subsection, the hearings officer schedules fair hearings in the order in which the requests are received and determines a reasonable date, time, and place for the fair hearing.

(2) For good cause, the hearings officer may schedule fair hearings other than in the order in which the requests were received.

(3) The hearings officer must expedite hearing requests as provided in §357.17(b) of this subchapter (relating to Types of Hearings).

(b) Notice Requirements. No less than 14 days prior to the fair hearing, the fair hearings office sends all parties notice of the date, time, and place of the scheduled hearing. The notice informs the appellant:

(1) of the basis for the action or intended action taken by the agency or its designee;

(2) of the fair hearing procedures;

(3) of the name, address, and telephone number of the person to notify in the event the appellant cannot attend the hearing;

(4) of legal services that may be available to provide representation at the hearing;

(5) of the requirement to contact the hearings officer before the scheduled hearing to request reasonable accommodations due to disability or language comprehension;

(6) that the fair hearing will be dismissed for failure to appear without good cause;

(7) that documents to be used in the fair hearing are available for appellant's examination at a reasonable time before, during, and after the hearing; and

(8) that the case file is available for review upon request.

Source Note: The provisions of this §357.15 adopted to be effective June 29, 2009, 34 TexReg 4292