SECTION 705.1519. When and where will the EMR hearing take place and who conducts the hearing?

(a) An EMR hearing is conducted by an administrative law judge with HHSC. The administrative law judge is responsible for scheduling the date, time, and location for the hearing. At the discretion of the administrative law judge, a pre-hearing conference may be conducted in person or by phone before the scheduling or conduct of the EMR hearing.

(b) The administrative law judge sends the parties a notice of a hearing providing the date, time, and location for the hearing, as well as the name of the administrative law judge, and how to contact the administrative law judge.

(c) The hearing is usually held in the same DFPS region where the alleged reportable conduct took place. The administrative law judge reserves the right to take all or some of the testimony at the hearing by telephone or video conference and may consider a request by any party to have the hearing conducted in a different location for good cause.

(d) If a criminal case against the employee arises because of the same reportable conduct, DFPS may postpone the EMR hearing until the criminal case resolves.

Source Note: The provisions of this §705.1519 adopted to be effective February 1, 2021, 46 TexReg 317