(a) Depositions, interrogatories, and requests for admission shall not be allowed.
(b) When possible, an in-person hearing will be held in the city in which the complainant resides. A hearing may also be conducted by telephone or videoconference.
(c) A hearing will be scheduled at the earliest date possible, provided that a 10-day notice or other notice required by law is given to all parties.
(d) A hearing will be conducted expeditiously by a hearings examiner in accordance with Government Code, Chapter 2001, subject to Occupations Code, Chapter 2301, and this subchapter.
(e) If a party fails to appear for the hearing, relief may be granted to the party that appears.
(f) Absent a showing of good cause, a complaint may be dismissed if the complainant repeatedly fails to respond or communicate with the department.
(g) The complainant shall have the burden of proof by a preponderance of the evidence.
(h) Hearings will be conducted informally. A party has a right to be represented by an attorney at a hearing, although an attorney is not required. A party who intends to be represented at a hearing by an attorney or other authorized representative must notify the hearings examiner and any other party in writing at least five business days prior to the hearing. Failure to provide notice will result in postponement of the hearing if requested by another party.
(i) Subject to a hearings examiner ruling, a party may present that party's case in full, including testimony from witnesses and documentary evidence such as repair orders, warranty documents, and the motor vehicle sales contract.
(j) With written approval of the hearings examiner, a hearing may be conducted by written submission only or by telephone or videoconference.
(k) Upon notice to the parties, a hearings examiner may conduct a hearing or prehearing conference by telephone or videoconference.
(l) Except for a hearing conducted by written submission, a party may be questioned by another party at the discretion of the hearings examiner.
(m) Except for a hearing conducted by written submission, telephone, or videoconference, the complainant may bring the motor vehicle in question to the hearing so that the motor vehicle may be inspected and test driven by Respondent.
(n) Except for a hearing conducted by written submission, a hearing will be recorded by the hearings examiner. A copy of the recording will be provided to any party upon request and upon payment of the cost of the copy as provided by statute or rules.

Source Note: The provisions of this §224.252 adopted to be effective June 1, 2024, 49 TexReg 2771