1. (a) The standard fair hearing may be conducted based on the written information contained in any appropriate file and additional written information submitted to the hearing official and the other party not less than 5 days prior to the fair hearing without the necessity of taking oral testimony, provided that the parties are given the opportunity to respond to any written material submitted.

2. (b) The expedited fair hearing may be conducted based on the written information contained in the MCO case file and any additional written information submitted by the individual.

   1. (1) The individual must submit any additional written information within 10 business days after receiving notification of the expedited fair hearing as described in §357.12(a) of this chapter (relating to Preliminary Matters for an Expedited Fair Hearing for Individuals Enrolled with an MCO).

   2. (2) If the individual submits additional written information less than 3 business days prior to the hearing, then:

      1. (A) the individual waives the 3-business-day timeframe for the hearing official to make a decision; and
      2. (B) the hearing official will make a decision no later than the end of the third business day after receipt of the information.

Source Note:The provisions of this §357.17 adopted to be effective March 31, 1999, 24 TexReg 2293; amended to be effective November 16, 2003, 28 TexReg 9806.