Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 415 - PROVIDER CLINICAL RESPONSIBILITIES-MENTAL HEALTH SERVICES
Subchapter G - DETERMINATION OF MANIFEST DANGEROUSNESS
Section 415.306 - Rights of the Individual
Universal Citation: 25 TX Admin Code ยง 415.306
Current through Reg. 49, No. 38; September 20, 2024
(a) The individual and LAR have the right to represent themselves at the hearing or to be represented by a spokesperson of their choice.
(b) The individual and LAR and their spokesperson(s) have the right to:
(1) be
present at the hearing; and
(2)
examine before the date of the hearing:
(A)
the hearing documentation referenced as §
415.307(3)(A)
of this title (relating to Procedures and Requirements Specific to a Facility
Review Board) unless an exception exists as provided by §
415.307(3)(B)
of this title; or
(B) the hearing
documentation referenced as §
415.310(4)(A)
of this title (relating to Procedures and Requirements Specific to the DSHS
Dangerousness Review Board).
(c) The individual and LAR or their spokesperson(s) have the right to:
(1)
present witnesses on the individual's behalf;
(2) present evidence and establish all
pertinent facts and circumstances;
(3) present an argument on any issue
involved;
(4) cross-examine
witnesses; and
(5) respond to or
refute any testimony or evidence.
(d) The individual and LAR have the right to have each witness provide his/her testimony without other witnesses being present as described in § 415.305(g)(4) of this title (relating to Procedures and Requirements for All Review Boards).
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