Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 745 - LICENSING
Subchapter M - ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
Division 2 - DUE PROCESS HEARINGS
Section 745.8837 - How does a person request a due process hearing?
Universal Citation: 26 TX Admin Code § 745.8837
Current through Reg. 50, No. 13; March 28, 2025
(a) To request a due process hearing, a person must send a written request to the Docket Clerk for Licensing in the Legal Enforcement Department at the mailing address, email address, or fax number listed in the notice informing the person of the right to request a due process hearing.
(b) The written request must:
(1) Describe the specific
decision or action that the requestor is disputing;
(2) Describe the reasons why this decision or
action should not be upheld;
(3)
Include a copy of the notification letter informing the requestor of the right
to request a due process hearing;
(4) Include the requestor's mailing address,
even if the request is by email or fax; and
(5) Be timely.
(c) For a request to be timely:
(1) A mailed request must be postmarked
within 30 days after the person receives notification of the right to request a
due process hearing;
(2) An emailed
or faxed request must be received within the 30 days after the person receives
notification of the right to request a due process hearing; and
(d) When determining whether a request was made timely:
(1) If the
notification of the right to request a due process hearing was delivered in
person:
(A) Add 30 calendar days to the date
the notification was delivered; and
(B) Identify the first date after adding the
30 calendar days that is not a Saturday, Sunday, or legal holiday; or
(2) If the notification
of the right to request a due process hearing was delivered by regular mail:
(A) Add 33 calendar days to the date the
notification was mailed (a requestor is presumed to have received the
notification three days after it was mailed); and
(B) Identify the first date after the 33
calendar days that is not on a Saturday, Sunday, or legal holiday.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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