Rule 5.10 - Notice; Hearing(a) If the respondent timely requests a hearing, the Commission must give the parties written notice of the hearing that includes the time, place, legal authority, and jurisdiction under which the hearing is held and the laws and rules related to the violation. A party may not make ex parte communications with any member of the Commission regarding any matter relating to the hearing. Any written material or other evidence that is provided to the Commission regarding a hearing must be provided to the other party.(b) The presiding officer of the Commission may hold prehearing conferences and may issue scheduling orders, discovery control plans, orders on motions in limine, and other orders to ensure a just and efficient hearing.(c) The respondent may appear, testify, present evidence, and respond to questions from the Commission at the hearing. The complainant may appear and may testify at the discretion of the prosecutor and the presiding officer.(d) A party may appear by telephone or videoconference or present the testimony of a witness by telephone or videoconference according to the procedures below. (1) A party may request to appear by telephone or to present the testimony of a witness by telephone, upon timely motion stating the reason for the request, containing the pertinent telephone number, and affirmatively stating that the proposed witness will be the same person who appears telephonically at the hearing. A party may request to appear by videoconference or to present the testimony of a witness by videoconference, upon timely motion stating the reason for the request and the city in which the party or witness will be located at the time of the proceeding. A timely motion for telephone or videoconference appearance will not be deemed granted unless granted by written order of the presiding officer.(2) The motion is timely if it is filed no later than 10 days before the hearing. The presiding officer may grant an exception to this requirement if it clearly appears from specific facts shown in writing that compliance with the deadline was not reasonably possible and that failure to meet the deadline was not the result of the negligence of the party.(3) All substantive and procedural rights apply to telephone and videoconference proceedings, subject only to the limitations of the physical arrangement.(4) Documentary evidence to be offered at a telephone or videoconference proceeding must be served on all parties and filed with the Commission at least 7 days before the proceeding unless the presiding officer, by written order, amends the filing deadline. If a party intends to utilize documentary evidence with a witness at a telephone or videoconference proceeding, it is the offering party's responsibility to ensure that the witness has the document.(5) For a telephone or videoconference proceeding, the following may be considered a failure to appear and grounds for default:(A) failure to answer the telephone or videoconference line;(B) failure to free the line for the proceeding; and(C) failure to be ready to proceed as scheduled.(e) At the request of the Commission, at least one member of the applicable advisory board complaint review committee may attend the hearing to respond to Commission inquiries on the reasons for the advisory board complaint review committee's determination and imposed disciplinary action under Rule 5.8(d).(f) At the hearing, the Commission must apply the general rules of evidence applicable in a district court, except that the Commission may admit and consider any information that the Commission determines is relevant, trustworthy, and necessary for a full and fair adjudication and determination of fact or law. The Commission may establish rules for the conduct of the hearing.(g) The Commission will deliberate and announce its decision at the conclusion of the hearing. The Commission must make findings of fact and conclusions of law, which may be based upon the review committee's written determination, and must promptly issue an order on the occurrence of the violation, the amount of any penalty imposed, and the imposition of any sanction. The Commission must serve the respondent with a copy of the order by certified mail with return receipt requested or by certified mail with electronic return receipt.(h) The notice of the Commission's order under (g) must include a statement of the right of the respondent to appeal the order under Section 153.058 of the Government Code.(i) The complainant and respondent are each responsible for their own costs of preparing for and attending the hearing.(j) If the respondent fails to appear at the hearing:(1) upon proof that notice of the hearing was given to the respondent, the Commission may proceed in the respondent's absence; and(2) the factual allegations in the complaint may be deemed admitted.(k) Proof that a document was sent to a party's last known address, as shown by the Commission's records, creates a rebuttable presumption that the document was received. The addressee's failure to claim a document that was properly addressed and served is insufficient to rebut the presumption.Tex. R. Judi. Cert. Commi. 5.10
Amended effective 4/12/2018 immediately; amended 11/17/2023 effective immediately.