1. (a) General venue. Unless otherwise required by statute or this section and subject to the provisions of subsection (d) of this section, the hearing shall be conducted in Austin, Texas.
2. (b) Special requirements for nurse aide appeals. In any appeal involving a nurse aide, the hearing shall be conducted in a location as near as possible to the place of residence of the nurse aide. Venue may be changed only with the consent of the nurse aide.
3. (c) Special requirements for medication aide appeals. In any appeal involving a medication aide for whom there has been a finding of an alleged act of abuse, neglect, or misappropriation of resident property, the hearing shall be conducted in a location as near as possible to the place of residence of the medication aide. Venue may be changed only with the consent of the medication aide.

4. (d) Change of venue. Either party may file a motion to transfer venue. Venue may be changed upon consent of the parties or upon a showing of good cause. Good cause includes, but is not limited to:

   1. (1) that the cause accrued at a location closer to a State Office of Administrative Hearings (SOAH) regional office than to Austin;
   2. (2) that a majority of the witnesses reside more than 100 miles from Austin, Texas; and
   3. (3) that judicial and party resources will be minimized by a change of venue.

Source Note:The provisions of this §357.483 adopted to be effective January 25, 2000, 25 TexReg 391; amended to be effective May 1, 2000, 25 TexReg 3556; amended to be effective November 1, 2001, 26 TexReg 8356; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013.