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 4.155 - Notice
Universal Citation: 40 TX Admin Code § 4.155
Current through Reg. 50, No. 13; March 28, 2025
(a) Written notice to the individual or LAR of the right to request an administrative hearing must be provided by:
(1) the state MR facility or
mental retardation authority, as applicable, at the time the report, as
referenced in §415.755(h) of this title (relating to Determination of
Mental Retardation (DMR)), is provided to the individual or LAR who requested
the determination of mental retardation;
(2) a state MR facility, upon its denial of a
request by the individual or LAR for a transfer or discharge; or
(3) a state MR facility, at least 31 calendar
days before the date of the state MR facility's proposed transfer or discharge
of the individual.
(b) The notice must contain:
(1) the conclusion
of the determination of mental retardation as to whether or not the individual
has mental retardation, for the notice referenced in subsection (a)(1) of this
section;
(2) the decision to deny a
requested transfer or discharge and the reasons for such decision, for the
notice referenced in subsection (a)(2) of this section;
(3) the decision to propose a transfer or
discharge, the reasons for such proposal, and the date of the proposed transfer
or discharge, for the notice referenced in subsection (a)(3) of this
section;
(4) an explanation of the
individual's or LAR's right to request an administrative hearing and the
procedure for requesting such;
(5)
the timeframe for requesting a hearing;
(6) a statement that the individual or LAR
may represent himself or herself or use another person as a representative;
and
(7) the name, address, and
phone number of the person designated by the state MR facility or mental
retardation authority to receive the request for an administrative
hearing.
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