Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 730 - LEGAL SERVICES
Subchapter L - FAIR HEARINGS
Section 730.1102 - Definitions

Universal Citation: 40 TX Admin Code ยง 730.1102

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

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.

(1) Appellant--An appellant is an applicant for or recipient of assistance who requests a fair hearing.

(2) Assistance--Assistance includes money payments (including protective payments), medical assistance, social services, food stamp benefits, and participation in the Employment Services Program.

(3) Date of request for hearing--The date of the request for a hearing is the date on which the appellant or representative clearly expresses a desire to appeal. The date of the request and the date of the petition for fair hearing may be, but are not necessarily the same. If the dates are not the same, staff who completed the petition indicates the date the appellant expressed a desire to appeal. For services purchased through contracted agencies, the date of request is the date the contracted agency staff received the request. The hearing officer at his discretion and based upon the evidence in the case may find that the date of request is earlier than the designated date. If someone outside of the PRS or a contracted agency makes the request, then the date the PRS receives the request is considered the date of the request.

(4) Hearing--A hearing is an informal, orderly, and readily available proceeding held before an impartial PRS representative. At the hearing, an appellant or representative, including legal counsel, may present the case as he wishes to show that any action, inaction, or agency policy affecting the case should be corrected.

(5) Hearing officer--A hearing officer is a PRS employee whom the executive director designates as responsible for conducting fair hearings. He is also responsible for making the final administrative decision. Any program director, supervisor, or other designated person may act as the hearing officer in his region, except when he is disqualified or unable to act.

(6) Representative--A representative is any person who assists the appellant in presenting his case. A legal counsel, relative, friend, or other spokesman may serve as representative.

(7) Request for hearing--A request for a hearing is any clear expression that the appellant wants to appeal a PRS action, inaction, or decision and present the case to an authority higher than the local worker. The appellant or representative may make the request.

(8) Right of appeal--Right of appeal is the opportunity for a hearing before a PRS hearing officer.

(A) Any applicant or recipient requesting a hearing for any of the following reasons has the right to appeal:
(i) the client makes a claim for assistance or services but the request is denied, modified, or not acted upon with reasonable promptness;

(ii) PRS takes action that results in suspension, reduction, discontinuance, or termination of assistance or services;

(iii) the client disagrees with the manner or form in which the PRS makes payments to him, including restricted or protective payments, even though no federal financial participation is claimed; and

(iv) the client is dissatisfied with conditions he must meet to receive payments, including work requirements.

(B) If PRS terminates a provider's contract or the provider stops providing services for some other reason, the individual recipient may not appeal unless his eligibility is otherwise affected.

(C) Hearings are not provided in cases in which the sole issue is an across-the-board reduction of services or assistance to a class of recipients.

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