1. (a) General Procedure. All hearings shall be conducted informally and in such manner as to ascertain the substantial rights of the parties. The hearing officer shall develop the evidence. All issues relevant to the appeal shall be considered and addressed.

   1. (1) Presentation of Evidence. When a party appears, the hearing officer shall place the party and any witnesses under oath, examine such party and the party's witnesses, if any, and allow presentation of witnesses and other evidence by each party as may be pertinent. If during the proceeding, the hearing officer determines that an in-person hearing is necessary to present the evidence, a continuance shall be issued until such time as needed to set the in-person hearing.
   2. (2) Cross-Examination. The parties, witnesses and evidence are subject to cross-examination by the other parties or the hearing officer. A party has the right to object to and confront evidence offered at hearing by the hearing officer or the other parties.
   3. (3) Additional Evidence. The hearing officer, with or without notice to any of the parties, may request, receive and enter into the record such additional evidence as necessary for a full and fair hearing on the matter, provided that a party shall be given an opportunity to rebut such evidence if it is to be used against the party's interest.
2. (b) Hearing Representative. Each party may authorize a hearing representative to assist in presenting the appeal of the party under this chapter relating to General Hearings. A hearing representative is any individual authorized by a party who assists the party in presenting their appeal. A legal counsel, relative, friend, or other spokesperson may serve as a hearing representative to the extent permitted by law.

3. (c) Records.

   1. (1) The hearing shall be tape-recorded and the hearing record will include the audiotape of the proceeding and any relevant evidence relied on by the hearing officer in reaching the decision, including any electronic printouts.

      1. (A) A party may request a copy of the audio-taped hearing at no cost.
      2. (B) A party requesting a transcript of a proceeding must pay the cost of transcription.
   2. (2) The hearing record must be maintained as long as required by the federal or state law affecting the matter appealed.

Source Note:The provisions of this §823.31 adopted to be effective May 8, 1998, 23 TexReg 4320.