SECTION 730.1301. Conduct of Fair Hearing

(a) The hearing officer conducts the fair hearing as an informal proceeding, not as a formal court hearing. The participants are placed under oath, but the technical rules of evidence need not be followed.

(b) The fair hearing is not open to the public, but friends and relatives of the appellant may attend if the appellant chooses. Reporters may tape record (but may not photograph) the hearing if the appellant chooses. All persons attending the fair hearing must have:

(1) an interest in the rights of the appellant; and

(2) an opportunity to give information pertinent to the issues under consideration.

(c) If space is limited, the hearing officer has the authority to limit the number of persons attending the fair hearing.

(d) The fair hearing is recorded either by a tape recorder or by a stenographer. The recording or stenographer's notes are kept on file for 90 days (three years in food stamp appeals) after the fair hearing. During this period, the appellant and his representative may copy or transcribe this information at his own expense. The hearing officer prepares a summary of what took place at the fair hearing. This is the official record of the fair hearing. The Texas Department of Protective and Regulatory Services (PRS) treats this material as confidential.

(e) In some cases, the hearing officer may use teleconference equipment. The use of this equipment does not change the conduct of the fair hearing or affect the rights of the parties. The PRS representative may take part by telephone and may ask and be asked questions. The hearing officer must share with the appellant any documents from which the representative testifies.

Source Note: The provisions of this §730.1301 adopted to be effective April 3, 1987, 12 TexReg 954; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.