1. (a) After the Commission receives the request for hearing, the Commission will mail within 30 days a notice of hearing, which sets the hearing for a reasonable time and place. In proprietary school appeals the hearing shall be held within 30 days from the receipt of the request for an appeal.
2. (b) The notice of hearing must be in writing and include a statement of the time, place, and nature of the hearing; a statement of the legal authority under which the hearing is to be held; and a short and plain statement of the matters asserted and to be proved.
3. (c) The notice of hearing must be sent to the requesting party at least ten days before the date of the hearing unless a shorter period is permitted by statute.
4. (d) The hearing notice will also contain a statement of whether the hearing will be conducted by telephone or the location of the in-person hearing.
5. (e) Hearings will be conducted by telephonic means, unless the Commission determines an in-person hearing is necessary, except in proprietary school appeals where hearings are conducted in person in Austin unless the parties agree to a telephonic hearing and/or a different location.

Source Note:The provisions of this §823.12 adopted to be effective May 8, 1998, 23 TexReg 4320.