Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 4 - RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
Subchapter D - ADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D
Section 4.154 - General Principles
Universal Citation: 40 TX Admin Code ยง 4.154
Current through Reg. 49, No. 38; September 20, 2024
(a) An individual or LAR is entitled to request an administrative hearing to contest:
(1) the conclusion of a determination of
mental retardation conducted by a state MR facility or mental retardation
authority, as provided by the Texas Health and Safety Code, §
592.019;
(2) the denial of an individual's or LAR's
request to transfer or discharge the individual, as provided by the Texas
Health and Safety Code, §
594.012;
or
(3) a state MR facility's
proposed transfer or discharge of an individual, as provided by the Texas
Health and Safety Code, §
594.014.
(b) An administrative hearing held under this subchapter is not a "contested case" under the Administrative Procedures Act, Texas Government Code, Chapter 2001.
(c) If the last day of a time period referenced in this subchapter is a Saturday, Sunday, or day on which TDMHMR's Central Office is closed, then the period extends through the end of the next day which is not a Saturday, Sunday, or day on which TDMHMR's Central Office is closed.
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