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 21:16:42 GMT
(a) A With-Notice Hearing shall include activities such as opening statements, admission of evidence, calling and examining witnesses, closing arguments, panel deliberation, and announcement of the panel's decision. The panel has discretion over setting time limits and evidentiary determinations.(b) Evidence will be considered under a relaxed standard described in §2001.081 of the Texas Government Code, including information of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs, necessary to ascertain facts not reasonably susceptive of proof under formal rules of evidence rules, and not precluded by statute.(c) The following applies to filing of documents by parties:(1) All documentary evidence must be filed in electronic format;(2) Staff's documentary evidence will accompany the Notice of Hearing;(3) The licensee's documentary evidence must be filed at least by 9:00 a.m. on the business day before the time of the hearing; and(4) Evidence filed by either party less than 24 hours before the hearing will be considered at panel's discretion.(d) For purposes of suspension or restriction under §164.0595(e) of the Act, final disposition of a criminal case includes evidence of a:(1) final, non-appealable conviction;(2) acceptance and entry of a plea agreement;(3) dismissal;(4) acquittal; or(5) successful completion of a deferred adjudication.(e) A suspension or restriction hearing is ancillary to the ISC or other subsequent hearings described in §164.059 of the Act and may not be enjoined under §164.011(c) of the Act.(f) Because the express statutory authority in §164.059 of the Act provides a comprehensive post-suspension hearing process, the requirements of §2001.054(c-1) of the Texas Government Code do not apply.