This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:36 GMT
(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.