Texas Register, Volume 6, Number 2, Pages 21-80, January 9, 1981 Page: 33
21-80 p. ; 28 cm.View a full description of this periodical.
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PROPOSED RULES 3
.003. Incorporation of/' Administrative Procedure and
Texas Register Act. There is hereby incorporated as a part of
these rules, to the extent same be applicable, pertinent, and
not in conflict herewith, the provisions of Article 6252-13K. et
seq.. Administrative Procedure and Texas Register Act as
amended.
Doc. No. 809622
Hearing Procedures for Area Agencies 348.10.02
The Governor's Committee on Agi.g proposes to adopt Rules
348.10.02.001-.012, which establish procedures for hearings
pursuant to the federal regulations applicable to grants for
state and community programs on aging. The Governor's
Committee on Aging is required to provide an opportunity for
a hearing to area agencies on aging when particular types of
action have been taken or are proposed.
The Governor's Committee on Aging dots not anticipate the
proposed rules will have state or local fiscal implications.
Public comment is invited. Comments may be submitted by
telephoning the office of 1)an Stewart. chief, Organization
and Dlevelopment, at (312) 475-2717, or by writing to him at
P.O. Box 12786. Austin. Texas 78711.
These rules are proposed under authority of the Human
esources Code. Chapter 101.
001 Right to a Hearing An area agency has a right to a
hearing under these rules when committee proposes to:
(1) disapprove an area plan or plan amendment; or
(2) withdraw an area agency designation after a
determination that:
(A) the area agency does not meet the require-
ments set forth in 43 Code of Federal Regulations Part 1321;
(i) the plan or plan amendment is not approved; or
(C) there is substantial failure in the provisions or
administration of an approved area plan to comply with any
provision of 45 Code of l"ederal Regulations Part 1321.
.002 Notice of'Proposed Action
(a) The committee shall issue a written notice to the
area agency which shall include:
1l) a statement of the proposed action;
(2) a short and plain statement of the reasons for the
proposed action and the evidence on which the proposed ac-
tion is based;
(3) a reference to the particular sections of statutes,
regulations, and rules involved; and
(4) a notice of the right to request a hearing.
(b) Notice shall be sent by registered or certified mail,
return receipt requested
.003. Request for Hearing.
(a) A request for hearing must be in writing and must
state with specificity the grounds upon which the proposed
action is appealed and all grounds upon which petitioner
refutes the basis of the proposed action. The request must in-
lude:
(ude: 1) the dates of all relevant actions;
(2) the names of individuals or organizations in..
volved in the proposed action;
(3) a specific statement of any section of the Act pr
regulations believed to have been violated; and - ,. ..,(4) a certified copy of the minutes or resolution in.rt
which the petitioner's governing body requests a hearing and
authorizes a person or persons to act in behalf of the agency,
or. organization. The minutes or resolution shall indicate
adoption by a majority of the quorum of the governing body of
the agency or organization.
(b) The request for hearing must be received by com-
mittee within 30 days folly wing petitioner's receipt of the
notice of the proposed action.
(c) The petitioner may submit written amendments to
the request for hearing which must be received by committee
not less than 10 days prior to the date set for the hearing.
(d) The committee may require that additional infor-
mation as to the basis of the appeal be provided to committee
at any time prior to the hearing.
.004 Notice of Hearing
(a) Upon receipt of a request for hearing, the coordina-
tor shall, within 10 days. set a date for the hearing.
(b) The committee shall issue a written notice to the
petitioner and interested persons which shall include:
(1) a statement of time, date, and location of the
hearing;
(2) a statement of the legal authority and jurisdic-
tion under which the hearing is to be held;
S(3) a reference to the particular sections of statutes,
regulations, and rules involved; and
(4) a short and plain statement of the reasons for the
proposed action that is being appealed and the evidence on
which the proposed action is based.
(c) Petitioner and other parties shall be given no less
than 10 days notice of the scheduled hearing. Notice shall be
sent by registered or certified mail, return receipt requested.
.005. Hearing Eraminer. The coordinator shall select an
impartial hearing examiner to preside at the hearing. The
hearing examiner may be but is not required to be an
employee of committee, and the hearing examiner may be
but is not required to be an attorney at law. The hearing ex-
aminer shall have authority to administer oaths, rple on mo-
tions and the admissibility of evidence, to recess any hearing
from time to time, and rule on such other procedural motions
as may be presented by committee or petitioner.
.006 Rules of Evidence
(a) In hearings under these rules, irrelevant, im-
material. or unduly repetitious evidence shall be excluded.
The rules of evidence as applied in nonjury civil cases in the
district courts of this state shall be followed. When necessary
to ascertain facts not reasonably susceptible of proof under
those rules, evidence not admissible thereunder may be ad-
mitted, except where precluded by statute, if it is of a type
commonly relied upon by reasonably prudent persons in the
conduct of their affairs. Objections to evidentiary offers may
be made and shall be noted in the record.
(b) Documentary evidence may be received by the
hearing examiner in the form of a copy or excerpt if the origi-
nal is not readily available. On request, either party shall be
given an opportunity to compare the copy with the original.
(c) If a hearing will be expedited and the interests of
the parties will not be prejudiced substantially, any part of
the evidence may be received in written form or the parties
may stipulate as to facts or circumstances or summarize
same.
(dJ Either partyn.may conduct cross-examinations re-
quired for a full and true disclosure of the facts.Voluir e ti. Numiner 2. .Jr.ntru' . 19.,I
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Texas. Secretary of State. Texas Register, Volume 6, Number 2, Pages 21-80, January 9, 1981, periodical, January 9, 1981; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244401/m1/13/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.