Current through Reg. 49, No. 38; September 20, 2024
(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.
