7600, Roles and Responsibilities of Texas Health and Human Services Commission Hearings Officer

Revision 23-4; Effective Aug. 21, 2023

1 Texas Administrative Code (TAC) Section 357.5 indicates the Texas Health and Human Services Commission (HHSC) hearings officer:

  • conducts the fair hearing as an informal proceeding, not as a formal court hearing, and is not required to follow the Texas Rules of Evidence or the Texas Rules of Civil Procedure;
  • determines whether an applicant, member, legally authorized representative (LAR) or medical consenter requested a fair hearing in a timely manner, or had good cause for failing to do so;
  • schedules a pre-hearing conference to resolve issues of procedure, jurisdiction, or representation, if necessary;
  • requires the attendance of agency representatives, or witnesses, as needed;
  • is prohibited from engaging in ex parte communication, whether verbal or written, with a party or the party's representative or witness relating to matters to be adjudicated; and
  • arranges for reasonable accommodations for disclosed disabilities.

During the fair hearing, the HHSC hearing’s officer:

  • makes the official recording of the hearing;
  • ensures the applicant, member, LAR, medical consenter and HHSC’s rights are protected;
    determines if there is a need for an interpreter;
  • limits the number of people in attendance at the hearing if space is limited;
  • controls the use by others of cameras, videos or other recording devices;
  • administers oaths and affirmations;
  • ensures consideration of all relevant points at issue and facts pertinent to the applicant, member, LAR or medical consenter’s situation at the time the action was taken;
  • considers the applicant, member, LAR or medical consenter’s changed circumstances, when appropriate and possible;
  • requests, receives, and makes part of the record all relevant evidence;
  • regulates the conduct and course of the fair hearing to ensure due process and an orderly hearing;
  • conducts the hearing in a way that makes the applicant, member, LAR or medical consenter feel most at ease; and
  • orders, if determined to be necessary, an independent medical assessment or professional evaluation to be paid for HHSC or HHSC’s designee.

After the hearing, the hearings officer:

  • makes a decision based on the evidence presented at the fair hearing;
  • determines if HHSC’s action is in compliance with statutes, policies, or procedures;
  • allows the applicant, member, LAR or medical consenter to request and receive a copy of the recording at no charge;
  • issues a timely written decision, and includes findings of fact, conclusions of law, pertinent statutes, and a final order; and
  • ensures compliance, orders HHSC to implement the order within the time limits specified in the relevant federal regulation, monitors compliance with the order, and notifies program management if the order is not implemented.