(a) The administrative law judge may, with consent of the parties, conduct all or part of the hearing by telephone, video, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and, except when a telephone is used, see the entire proceeding.     
      (b) All substantive and procedural rights apply to telephone hearings, subject only to the limitations of the physical arrangement.     
      (c) Documentary Evidence. For a telephone hearing documentary evidence to be offered shall be mailed by the proponent to all parties and the administrative law judge at least five days before the hearing.     
      (d) Default. For a telephone hearing, the following, at the discretion of the administrative law judge, may be considered a failure to appear and grounds for default, if the conditions exist after the scheduled time for hearing:      
        (1) failure to answer the telephone;       
        (2) failure to free the telephone for a hearing; or       
        (3) failure to be ready to proceed with the hearing as scheduled.       
     Source Note:        The provisions of this §2.17 adopted to be effective January 9, 2003, 28 TexReg 479