SECTION 357.530. Household Member's Rights during Hearing

The hearing officer must give the household member or his representative an adequate opportunity to:

(1) examine all relevant documents and records at a reasonable time before and during the hearing. The case record is also available, including the application form and documents of verification used to establish the household's ineligibility or eligibility and allotment amount. If the household member or his representative requests a copy, the Texas Department of Human Services provides a free copy of the portions of the case record that are relevant to the hearing. Confidential information is protected from release. It may include the names of people who have disclosed information about the household without its knowledge. Information that identifies the nature or status of pending criminal prosecutions is also confidential. Confidential information and other documents or records that the household may not otherwise have an opportunity to contest or challenge are not introduced at the hearing. They do not affect the hearing officer's decision;

(2) present the case or have it presented by a legal counsel or another person;

(3) present witnesses;

(4) present arguments without undue interference;

(5) question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and

(6) submit evidence to establish all pertinent facts and circumstances in the case.

Source Note: The provisions of this §357.530 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