Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 71 - INFORMATION PRACTICES
Subchapter D - CORRECTING INFORMATION
Section 71.404 - The Correction Review

Universal Citation: 40 TX Admin Code ยง 71.404

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

(a) After getting a request for correction, the Texas Department of Human Services (DHS) will decide whether the information should be corrected. DHS will tell the individual about the decision in writing no later than 60 days after getting the request for correction.

(b) DHS may not destroy or change a record to make a correction. DHS will add the correct information to the record with the incorrect information and make a note that the correct information replaces the incorrect information.

(c) DHS will not look at information under this subchapter if DHS already looked at the information to decide whether it is correct under a different review process. Examples of other review processes include personnel grievance hearings, client fair hearings, formal appeals, informal dispute resolutions, and informal reconsiderations.

(d) If DHS gets the disputed information from a person other than the individual, DHS will not correct the information unless the other person agrees the information is wrong or DHS can determine that the information is wrong without help.

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