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 4.157 - Preliminary Matters

Universal Citation: 40 TX Admin Code § 4.157

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

(a) The hearing officer must contact the person who requested a hearing within five working days after the receipt of the request by the Office of Legal Services.

(b) The hearing officer must set a date, time, and location convenient for the parties for the administrative hearing. The hearing officer may conduct the hearing by telephone for appropriate reasons, including the location of the person who requested the hearing and other persons who will be participating in the hearing

(c) The administrative hearing must be held no later than 30 calendar days after the date the hearing was requested, unless a continuance beyond 30 calendar days is agreed to by the person who requested the hearing.

(d) The hearing officer must, at least 20 calendar days prior to the date of the hearing, send a written notice of the hearing to the person who requested the hearing and the CEO.

(e) The notice must contain:

(1) the time, date, and location of the hearing;

(2) the issue being contested at the hearing;

(3) a statement that the individual or LAR may represent himself or herself or choose another person as a representative;

(4) a statement that each party must, upon request, provide the other parties with the opportunity to examine and copy any records concerning the individual and relevant to the contested issue at least 14 calendar days prior to the hearing;

(5) a statement that requests for reasonable accommodations or for interpreters at the hearing must be made to the hearing officer, in writing, at least five calendar days prior to the hearing; and

(6) a copy of this subchapter.

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