SECTION 730.1203. Hearing Officer

(a) Selection. The following persons, unless disqualified, may serve as the hearing officer in a region:

(1) a program director;

(2) a supervisor (except the supervisor of the worker who made the decision); or

(3) any other person designated by the executive director through the regional administrator.

(b) Disqualification. A hearing officer is disqualified if he directly participated in the case decision being appealed. The hearing officer participated if:

(1) in case conference with the worker, contract manager, or the supervisor, he assisted in making a decision about the case;

(2) he reviewed either the entire record or a summary of it for the same purpose;

(3) he has a personal interest in the outcome of the appeal decision;

(4) he supervised the worker or contract manager even without being involved in the decision; or

(5) the appellant justifiably questions the hearing officer's fairness.

(c) Alternate hearing officer. The hearing officer may believe that there are grounds to disqualify himself from holding the hearing or that his impartiality has been questioned. If so, he refers the case to an alternate hearing officer or the regional attorney. The regional attorney decides if the hearing officer should be disqualified. If necessary, the regional attorney designates a new hearing officer.

(d) Hearing officer's powers and duties. The hearing officer:

(1) administers oaths or affirmations;

(2) ensures that all relevant issues are considered;

(3) requests, receives, and makes part of the record all evidence necessary to decide the issues raised;

(4) regulates the conduct and course of the fair hearing following due process to ensure an orderly fair hearing;

(5) orders, if relevant and useful, an independent medical assessment or professional evaluation from a source satisfactory to the appellant and the Texas Department of Protective and Regulatory Services (PRS);

(6) makes a fair hearing decision for PRS;

(7) requires the attendance of an agency representative, if necessary and appropriate;

(8) may not reverse a decision based on PRS policy an appellant alleges is contrary to law or unconstitutional (the recommendation to reverse a decision must come form the office of the general counsel); and

(9) decides if actions are in compliance with current statutes, policies, or procedures.

Source Note: The provisions of this §730.1203 adopted to be effective April 3, 1987, 12 TexReg 954; amended to be effective June 13, 1988, 13 TexReg 2167; amended to be effective October 16, 1989, 14 TexReg 4546; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.