Section 141.2 - Canceling or Rescheduling a Benefit Review Conference(a) In this subsection, "good cause" will be determined at the discretion of the benefit review officer on a case-by-case basis, including consideration of prejudice to parties, and means: (1) objective facts beyond the control of a party, which reasonably: (A) prevent a party from attending the benefit review conference; or(B) would prevent the benefit review conference from accomplishing its purpose, such as the need for a reasonable amount of additional time to secure necessary evidence for the dispute; or(2) objective facts which make the benefit review conference unnecessary.(b) The division may cancel a benefit review conference at any time before the benefit review conference: (2) at the request of the party who requested the conference; or(3) at the mutual request of the parties.(c) The division may reschedule a benefit review conference at any time before the benefit review conference: (1) on its own motion, or(2) at the request of a party.(d) A request for cancellation or rescheduling under subsection (b) or (c) of this section shall be made by notifying the division in writing, with a copy to all parties, within 10 days of the date the notice of setting is received. (1) The first request to reschedule a benefit review conference under subsection (d) of this section does not have to demonstrate good cause for the request but must comply with § 140.9 of this title (relating to Requests by Parties).(2) A request to reschedule or cancel a benefit review conference made outside of the 10-day period, as well as all subsequent rescheduling requests under subsection (c) of this section by any party, must: (A) be in writing and in the form prescribed by the division;(B) demonstrate good cause for canceling or rescheduling, as defined by subsection (a) of this section;(C) be sent to the division and opposing party or parties no later than five days before the scheduled benefit review conference unless good cause is demonstrated for filing later; and(D) comply with the requirements of § 140.9 of this title.(3) A claimant who is neither represented by an attorney nor assisted by OIEC may request that a benefit review conference be rescheduled or cancelled by contacting the division in any manner.(4) A cancellation of a benefit review conference without simultaneous rescheduling constitutes a withdrawal of the dispute on the issue. A request to cancel a benefit review conference subject to § 130.12 of this title (relating to Finality of the First Certification of Maximum Medical Improvement and/or First Assignment of Impairment Rating) must comply with the provisions of § 130.12(b)(3) of this title.(5) Unless otherwise directed by a presiding officer, a party opposing the rescheduling or cancellation of a benefit review conference must file any written opposition with the division within three days of receiving the cancellation or rescheduling request.(6) The division will notify the parties of a cancellation or rescheduling of a benefit review conference in a timely manner.(7) If the benefit review officer denies a request to cancel or reschedule a benefit review conference under this section, the benefit review officer will notify the parties in writing and state the reasons for the denial.28 Tex. Admin. Code § 141.2
The provisions of this §141.2 adopted to be effective June 7, 1991, 16 TexReg 2876; amended to be effective October 1, 2010, 35 TexReg 7430; amended to be effective November 20, 2011, 36 TexReg 7867; Amended by Texas Register, Volume 44, Number 01, January 4, 2019, TexReg 0107, eff. 1/7/2019