SECTION 142.6. Setting a Benefit Contested Case Hearing

(a) Setting with prior benefit review conference. The commission shall set a benefit contested case hearing to be held:

(1) no later than 60 days from the date of the benefit review conference; or

(2) if the commission determines that an expedited setting is appropriate, as provided by §140.3 of this title (relating to Expedited Hearings), no later than 30 days from the date of the benefit review conference.

(b) Setting without prior benefit review conference. For those disputes determined not to require a benefit review conference, as defined in §142.5 of this title (relating to Sequence of Proceedings To Resolve Benefit Disputes), the commission may set a benefit contested case hearing on its own motion, or at the request of a party. When requested, the hearing shall be set on a date:

(1) no later than 60 days from receipt of the request; or

(2) if the commission determines that an expedited setting is appropriate, no later than 30 days from the commission's receipt of the request.

(c) Notice of hearing. After setting a hearing, the commission shall furnish to the parties, by first class mail or personal delivery, written notice of the date, time, duration, and location of the hearing. The notice shall be furnished:

(1) at the same time that the notice of the benefit review conference is given;

(2) not later than 45 days before a hearing set under subsection (b)(1) of this section; or

(3) not later than 10 days before a hearing set under subsection (b)(2) of this section.

Source Note: The provisions of this §142.6 adopted to be effective February 12, 1991, 16 TexReg 463.