SECTION 357.523. Disqualification of Hearing Officer

(a) A hearing officer is disqualified if he participates in the decision to:

(1) refer the case to the investigation unit; or

(2) recommend disqualification for intentional program violation.

(b) A hearing officer may be disqualified if:

(1) the hearing officer participated in a case conference with the worker, investigator, or the supervisor to make a referral for an intentional program violation decision. The hearing officer may not have discussed or evaluated a case or any major points at issue;

(2) the hearing officer reviewed the entire record or a comprehensive summary of the record to make a referral for disqualification;

(3) the hearing officer has a personal interest in the outcome of the hearing decision or has some other conflict of interest;

(4) a household member requests that a certain hearing officer not hold the hearing or makes allegations against the fairness of the hearing officer; and/or

(5) the hearing officer has supervised the worker or investigator although he may not have been involved in the decision.

(c) The Texas Department of Human Services (DHS) does not disqualify a hearing officer because he answers a question about DHS policy concerning the case, if the question and answer are stated in broad terms.

Source Note: The provisions of this §357.523 adopted to be effective February 1, 1994, 18 TexReg 9857; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013