1. (a) Upon receipt of an appeal, the Agency shall assign an impartial hearing officer and mail a notice of hearing to the employer and complainant and/or their designated representatives.

2. (b) The notice of hearing shall be in writing and 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 is to be held;
   3. (3) a reference to the sections of the statutes and rules involved;
   4. (4) a statement of the issues to be considered during the hearing; and

   5. (5) either:

      1. (A) a short, plain statement of the factual matters asserted; or
      2. (B) an attachment that incorporates by reference the factual matters asserted in the complaint.
3. (c) The notice of hearing shall be issued at least 10 days before the date of the hearing unless all parties agree to waive this requirement.

Source Note:The provisions of this §844.77 adopted to be effective December 30, 2024, 49 TexReg 10664.