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 4.158 - Burden of Proof
Current through Reg. 49, No. 38; September 20, 2024
(a) For hearings held under the Texas Health and Safety Code, § 593.008, the state MR facility or mental retardation authority, as appropriate, has the burden of proof by a preponderance of the evidence to demonstrate that the conclusion of the determination of mental retardation as to whether or not the individual has mental retardation is accurate.
(b) For hearings held for actions described under the Texas Health and Safety Code, § 594.012, the state MR facility has the burden of proof by a preponderance of the evidence to demonstrate that the criteria for transfer or discharge have not been met, as set forth in:
(c) For hearings held for actions described under the Texas Health and Safety Code, § 594.014, the state MR facility has the burden of proof by a preponderance of the evidence to demonstrate that the criteria for transfer or discharge have been met, as set forth in:
