Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 357 - HEARINGS
Subchapter K - ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS
Section 357.523 - Disqualification of Hearing Officer
Universal Citation: 1 TX Admin Code ยง 357.523
Current through Reg. 49, No. 38; September 20, 2024
(a) A hearing officer is disqualified if he participates in the decision to:
(1) refer the case to the investigation unit;
or
(2) recommend disqualification
for intentional program violation.
(b) A hearing officer may be disqualified if:
(1) the hearing officer participated in a
case conference with the worker, investigator, or the supervisor to make a
referral for an intentional program violation decision. The hearing officer may
not have discussed or evaluated a case or any major points at issue;
(2) the hearing officer reviewed the entire
record or a comprehensive summary of the record to make a referral for
disqualification;
(3) the hearing
officer has a personal interest in the outcome of the hearing decision or has
some other conflict of interest;
(4) a household member requests that a
certain hearing officer not hold the hearing or makes allegations against the
fairness of the hearing officer; and/or
(5) the hearing officer has supervised the
worker or investigator although he may not have been involved in the
decision.
(c) The Texas Department of Human Services (DHS) does not disqualify a hearing officer because he answers a question about DHS policy concerning the case, if the question and answer are stated in broad terms.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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