1. (a) General scheduling of hearings. Except as provided in subsection (c) of this section, SOAH shall schedule the date, time, and location of the hearing, and will notify the commission's Chief Clerk of Proceedings, Hearings Division, of such scheduling no later than ten days after receiving a request for hearing. Unless good cause is shown, SOAH will set a hearing to consider a proposed penalty under the Texas Labor Code, Chapter 415, Subchapter B, for a date no earlier than 60 days after SOAH has received the request for a hearing. Unless good cause is shown, SOAH will make a good faith effort to set hearings involving issues of preauthorization under the Act, §413.014, for a date no more than 30 days after SOAH has received the request for a hearing. In all other cases under the Act, §413.031, SOAH will set such cases for a date within the 90-day period specified in §413.031(d).
2. (b) Notice of hearing. Except as provided in subsection (c) of this section, and no later than ten days before the hearings date, the commission's Chief Clerk of Proceedings, Hearings Division, shall notify the parties in writing of the date, time, place and nature of the hearing; the legal authority and jurisdiction under which the hearing will be held; a reference to the particular sections of the statutes and any rules involved; and a short, plain statement of the matters asserted. The reference to the statutes and rules and the short, plain statement may be provided by the commission's representative, and, if so, would not be provided by the Chief Clerk of Proceedings, Hearings Division.
3. (c) Notice of hearing under the Act, §407.046(b). No later than 30 days before the hearing date, SOAH shall notify, in writing, a certified self-insurer and the commission's Chief Clerk of Proceedings, Hearings Division of the date, time, place, and nature of a hearing concerning the intent of the commission to revoke a certificate of self-insurance under the Act, §407.046. The notice shall contain a reference to the particular sections of the statute and any rules involved; and a short, plain statement of the matters asserted, including the grounds for the proposed revocation action.

4. (d) Expediting the hearing. The hearing officer may expedite any or all parts of the hearing if any party requesting it provides a verified statement of good cause, the opposing party has the opportunity to respond, and the hearing officer makes a determination of good cause. In this event, the hearings officer shall notify the commission's Chief Clerk of Proceedings of the Hearings Division who shall send all parties notice of the hearing officer's decision to expedite any or all parts of the hearing. The written notice shall be sent to all parties no later than ten days prior to the expedited hearing date and shall include:

   1. (1) a statement of the date, time, place, and nature of the hearing;
   2. (2) a statement of the legal authority and jurisdiction under which the hearing will be held; and
   3. (3) a reference to the particular sections of the statutes and rules involved and a short, plain statement of the matters asserted.

Source Note:The provisions of this §148.4 adopted to be effective December 4, 1995, 20 TexReg 9706.