Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 730 - LEGAL SERVICES
Subchapter N - HEARING PROCEDURE
Section 730.1310 - Decisions by Hearing Officer

(1) The decision is sustained if the hearing officer decides that the action or inaction of the local office complies with current statutes, policies, and procedures.

(2) The hearing officer may find that the decision was correct when it was made; however, changed circumstances make the appellant eligible for assistance (or entitled to an increase, reduction, denial of grant or food stamps, or other program benefits). The hearing officer then sustains the original decision and instructs the worker to determine eligibility based on the changed circumstances. The hearing officer may decide that the appellant was ineligible when the original decision was made, but is eligible at the time of the fair hearing. In this case he tells the appellant, and instructs the worker to assist the appellant, to file a reapplication or to make an adjustment in benefits. The worker must contact the appellant to file the reapplication or adjust benefits.

(3) The hearing officer may sustain the decision and also order retroactive benefits or reinstated benefits if he finds that the appellant was actually eligible at the time of the original decision. He may do this although all the information required to establish eligibility may not have been available to the worker through no fault of the appellant. The hearing officer may not order benefits when an appellant has refused to provide or has been negligent in providing information.

(4) If the decision of the local office is sustained with no recommendation for adjustment, the situation is not reconsidered until:

(1) An appeal may be reopened and a decision reconsidered by the hearing officer within 60 days if there is new evidence that shows the hearing officer did not make a valid decision. The hearing officer considers new information from the appellant or representative. He then decides whether to reopen the appeal, request additional information, authorize a reapplication, or dismiss the information as presenting no new evidence. If requested, the hearing officer makes an appointment with the appellant or his representative.

(2) A copy of documentary material used during the hearing is available, upon request, to the appellant or representative(s) after the decision is made. The original documentary material is returned to the worker or contracted agency.