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 4.156 - Request for an Administrative Hearing

Universal Citation: 40 TX Admin Code ยง 4.156

Current through Reg. 49, No. 38; September 20, 2024

(a) A request for an administrative hearing must be received by the state MR facility or mental retardation authority within 30 calendar days after the individual's or LAR's receipt of notice referenced in §414.155(a) of this title (relating to Notice).

(b) The request for administrative hearing must be submitted in accordance with the instructions provided in the notice referenced in §414.155(a) of this title (relating to Notice).

(c) The request for an administrative hearing may be oral or in writing.

(d) The state MR facility or mental retardation authority, as appropriate, must document in writing an oral request for an administrative hearing.

(e) The state MR facility or mental retardation authority, as appropriate, must forward the request for an administrative hearing to the TDMHMR's Office of Legal Services within one working day after receipt of the request.

(f) A party may not take action to transfer or discharge an individual if an administrative hearing is requested under subsection (a)(2) or (a)(3) of § 414.154 of this title (relating to General Principles).

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