reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 101.811 - Confidentiality of Consumer Information in the Specialized Telecommunications Assistance Program

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  information DARS receives in the application process for the STAP, including
				  names and addresses, may be used only to administer the STAP. DARS administers
				  the STAP under Chapter 109 of this title (relating to Office for Deaf and Hard
				  of Hearing Services).
(b) DARS may
				  not advertise, distribute, or publish the name, address, or other related
				  information about a person who applies for assistance under the STAP.
				  Information concerning the STAP is exempted from disclosure under the Public
				  Information Act.
(c) All STAP
				  applicant information is the sole property of DARS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 101.813 - Use of Consumer Information in the Deaf and Hard of Hearing Driver Identification Program

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  information DARS receives in the application or issuance process for the Deaf
				  and Hard of Hearing Driver Identification Program (Driver Identification
				  Program), including names and addresses, may be used only to administer the
				  Driver Identification Program. DARS administers the Driver Identification
				  Program under Chapter 109 of this title (relating to Office for Deaf and Hard
				  of Hearing Services).
(b) All
				  Driver Identification Program applicant and recipient information is the sole
				  property of DARS and may be disclosed only in accordance with applicable state
				  or federal laws.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.901 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter establishes procedures:
(1) in Division 1 of this subchapter
					 (relating to General Rules) that govern generally all administrative hearings
					 and appeals;
(2) in Division 2 of
					 this subchapter (relating to Division for Blind Services and Division for
					 Rehabilitation Services) that govern appeals concerning the vocational
					 rehabilitation, independent living, and comprehensive rehabilitation programs
					 of the Division for Blind Services and Division for Rehabilitation
					 Services;
(3) in Division 3 of this
					 subchapter (relating to Division for Early Childhood Intervention Services)
					 that govern hearings concerning the provision of appropriate early intervention
					 services to a child or child's family; and
(4) in Division 4 of this subchapter
					 (relating to Office for Deaf and Hard of Hearing Services) that govern hearings
					 concerning the suspension, revocation, or probation of a certificate holder's
					 certificate granted under the provisions of Chapter 81, Human Resources Code
					 and Chapter 57, Government Code.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.903 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The following statutes and regulations authorize the
						procedures established by this subchapter:
(1) The Rehabilitation Act of 1973, as
					 amended,
					 29 U.S.C.
					 §701 et seq., and regulations of the
					 Department of Education, 34 C.F.R. Parts 361, 363, 364, 365, and 367 as
					 amended;
(2) Texas Human Resources
					 Code, Chapter 91, Subchapter D (concerning vocational rehabilitation services
					 of the blind);
(3) Texas Human
					 Resources Code, Chapter 111, Subchapter D (concerning vocational rehabilitation
					 services);
(4) The Individuals with
					 Disabilities Education Act, as amended,
					 20 U.S.C.
					 §1400 et seq., and
					 34
					 C.F.R. §303.1 et seq., as amended
					 (concerning early intervention services for children with disabilities and
					 developmental delays);
(5) Texas
					 Administrative Procedure Act, Texas Government Code, Chapter 2001, as
					 amended;
(6) Texas Human Resources
					 Code, Chapters 81 and 82 (concerning services for people who are deaf);
					 and
(7) Texas Government Code,
					 Chapter 57 (concerning court interpreter certification program for interpreters
					 for people who are hearing-impaired).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.905 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meanings unless the context clearly indicates
						otherwise. The use of the singular or plural case is not meant to be limiting
						unless the context clearly indicates otherwise.
(1) Act--The Rehabilitation Act of 1973 as
					 amended,
					 29 U.S.C.
					 §701, et seq.
(2) Appellant--An applicant, eligible
					 individual, authorized representative, or parent who has initiated formal
					 procedures under this subchapter.
(3) Applicant--A person who has applied for
					 services but for whom an eligibility determination has not been made.
(4) Authorized representative--An attorney
					 authorized to practice law in the State of Texas, or a person designated by a
					 party to represent the party in hearing procedures. The term includes a parent
					 or a person made legally responsible for the child by a court of competent
					 jurisdiction.
(5) Commissioner--The
					 chief executive officer of the Department of Assistive and Rehabilitative
					 Services.
(6) Consumer--The term
					 "consumer" refers to and includes a person who:
(A) under Division 2 of this subchapter
					 (relating to Division for Blind Services and Division for Rehabilitation
					 Services), has been determined eligible for and is receiving services from
					 DARS;
(B) under Division 3 of this
					 subchapter (relating to Division for Early Childhood Intervention Services), is
					 a parent, child, or the child's family; or
(C) under Division 4 of this subchapter
					 (relating to Office for Deaf and Hard of Hearing Services), not only has been
					 determined eligible for and is receiving services from DARS, but also is an
					 individual defined by §
												101.1205(e)
					 of this subchapter (relating to Definitions).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.907 - Filing a Request for Review

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Persons who may file a Request for Review.
(1) Under Division 2 of this subchapter
					 (relating to Division for Blind Services and Division for Rehabilitation
					 Services), an applicant or eligible individual who is dissatisfied with a DARS
					 determination made by staff of DARS that affects the provision of vocational
					 rehabilitation services may request a review of the determination.
(2) Under Division 3 of this subchapter
					 (relating to Division for Early Childhood Intervention Services), a parent may
					 initiate a hearing involving the identification, evaluation, placement, or
					 provision of appropriate early intervention services to a child or child's
					 family.
(3) Under Division 4 of
					 this subchapter (relating to Office for Deaf and Hard of Hearing Services), a
					 certificate holder may request a review of a proposal by DARS to revoke or
					 suspend a certificate or place a certificate holder on probation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.909 - Time for Hearing

Current through Reg. 49, No. 28; July 12, 2024
A hearing conducted under Division 2 of this subchapter
						(relating to Division for Blind Services and Division for Rehabilitation
						Services), by an impartial hearing officer selected in accordance with this
						division, will be held within 60 days of an applicant's or eligible
						individual's request for review of a DARS determination that affects the
						provision of vocational rehabilitation services to the individual, unless
						informal resolution or a mediation agreement is achieved before the 60th day or
						the parties agree to a specific extension of time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.911 - Assignment of Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearings coordinator as described in
					 §
											101.1215
					 and §
											101.1217 of
					 this subchapter (relating to Filing a Request for Hearing and Filings) shall
					 select, on a random basis, or by agreement between DARS' authorized
					 representative and the appellant, or if appropriate, the appellant's authorized
					 representative or a parent.
(b) The
					 impartial hearing officer shall be an individual who:
(1) is not an employee of a public agency
					 (other than an administrative law judge, hearing examiner, or employee of an
					 institution of higher education);
(2) has knowledge of the delivery of
					 vocational rehabilitation services, the state plan, and the federal and state
					 regulations governing appeals under Division 2 of this subchapter (relating to
					 Division for Blind Services and Division for Rehabilitation
					 Services);
(3) has received
					 training specified by DARS with respect to the performance of official duties;
					 and
(4) has no personal,
					 professional, or financial interest that would conflict with his or her
					 objectivity in the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.913 - Powers and Duties of Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The impartial hearing officer has the
					 authority and duty to:
(1) conduct a full and
					 impartial hearing;
(2) take action
					 to avoid unnecessary delay in the disposition of the proceeding; and
(3) maintain order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.915 - Substitution of Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) If for any reason an impartial hearing
					 officer is unable to continue presiding over a pending hearing, or issue a
					 decision after the conclusion of the hearing, another impartial hearing officer
					 shall be designated as a substitute to complete the hearing and render a
					 decision in accordance with these rules.
(b) The substitute impartial hearing officer
					 may use the existing record and may conduct further proceedings as are
					 necessary and proper to conclude the hearing and render a decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.917 - Reasonable Accommodations

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
					 hearing or proceedings conducted under this subchapter shall be held, whenever
					 feasible, by telephone (directly or by relay), but at a time and place
					 reasonably accessible either to the appellant or the certificate holder and any
					 witnesses, and convenient for parties. In considering the physical location of
					 a hearing or proceeding, the impartial hearing officer considers, among other
					 factors:
(1) the suitability of any proposed
					 facilities for a hearing, including such accommodations as the ability either
					 of the appellant or the certificate holder and any witnesses to gain physical
					 to the proceedings and facilities; and
(2) the comparative distances and times
					 required to travel from places of work or residence to a proposed hearing
					 location by parties and witnesses.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.919 - Appearance of Parties at Hearings; Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may represent himself or
					 herself.
(b) A party may be
					 represented by an attorney authorized to practice law in Texas or by any other
					 representative authorized by the party to represent him or her.
(c) A party's authorized representative shall
					 be copied on all notices, pleadings, and other correspondence.
(d) A party's authorized representative
					 remains the representative of record in absence of a formal request to withdraw
					 and an order approving such withdrawal issued by the impartial hearing
					 officer.
(e) DARS is not
					 responsible for expenses incurred by appellants seeking remedy through this
					 subchapter, and representation and attorney fees and related expenses are the
					 responsibility of the individual parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.921 - Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
If, after receiving a notice of a hearing, a party or the
						party's authorized representative fails to attend the hearing, the impartial
						hearing officer may proceed and, where appropriate, may issue a default
						decision against the absent party.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.923 - Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Any witness or
					 deponent who is not a party to and who is subpoenaed or otherwise appears at
					 any hearing or proceeding at the request of DARS is entitled to receive
					 reimbursement as provided in the Texas Government Code, §
											2001.103.
(b) DARS is not responsible for expenses
					 incurred by any witness or deponent who is not a party to and who is subpoenaed
					 or otherwise appears at any hearing or proceeding at the request of the
					 appellant.
(c) The party calling or
					 deposing an expert witness is responsible for all fees and expenses charged by
					 the expert witness.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.925 - Prehearing Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) The impartial
					 hearing officer may hold a prehearing conference to resolve matters preliminary
					 to the hearing. At the discretion of the impartial hearing officer, a
					 prehearing conference may be held by telephone (directly or by relay). A
					 prehearing conference may be convened to address any or all of the following
					 matters:
(1) notice of jurisdiction or the
					 impartial hearing officer's authority;
(2) scope or party status;
(3) the date and location of the final
					 hearing;
(4) factual and legal
					 issues;
(5) motions;
(6) issuance of subpoenas;
(7) discovery disputes;
(8) scheduling;
(9) stipulations;
(10) settlement conferences;
(11) requests for official notice;
(12) identification and exchange of
					 documentary evidence;
(13)
					 admissibility of evidence;
(14)
					 identification and qualification of witnesses;
(15) order of presentation; and
(16) other matters that promote the orderly
					 and prompt conduct of the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.927 - Dismissal Without Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 impartial hearing officer may entertain motions for dismissal without a hearing
					 for the following reasons:
(1) failure to
					 pursue the hearing;
(2) unnecessary
					 duplication of proceedings, res judicata, or collateral estoppel;
(3) withdrawal of the request for
					 hearing;
(4) moot
					 questions;
(5) lack of
					 jurisdiction;
(6) failure to raise
					 a material issue in the pleading;
(7) failure of a party or authorized
					 representative to appear at a scheduled hearing;
(8) failure to respond to a discovery
					 request; and
(9) failure to respond
					 to any order by the impartial hearing officer including an order to disclose
					 the identities of witnesses and exhibits.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.929 - Conduct of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) On a genuine
					 issue in a contested case, each party or authorized representative is entitled
					 to:
(1) call witnesses, including
					 parties;
(2) offer
					 evidence;
(3) cross-examine any
					 witness called by another party; and
(4) make opening and closing
					 statements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.931 - Order of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) A case shall
					 be called to order by the impartial hearing officer.
(b) Proceedings under Divisions 2 and 3 of
					 this subchapter (relating to Division for Blind Services and Division for
					 Rehabilitation Services and Division for Early Childhood Intervention Services)
					 are conducted according to the following:
(1)
					 The appellant may state briefly the nature of the claim or defense, what the
					 appellant expects to prove, and the relief sought. Immediately thereafter, DARS
					 may make a similar statement, and any other parties are afforded similar rights
					 as determined by the impartial hearing officer. The impartial hearing officer
					 may limit the time available for each party or authorized representative with
					 respect to such statement.
(2)
					 Evidence is then introduced by the appellant. DARS, or its authorized
					 representative, and any other parties may cross-examine each of the appellant's
					 witnesses.
(3) Cross-examination is
					 not limited solely to matters raised on direct examination. Parties or
					 authorized representatives are entitled to redirect and
					 recross-examination.
(4) Unless the
					 statement has already been made, the DARS or its authorized representative may
					 briefly state the nature of the claim or defense, what DARS expects to prove,
					 and the relief sought.
(5)
					 Evidence, if any, is introduced by DARS. The appellant and any other parties
					 may cross-examine each of DARS' witnesses.
(6) Any other parties may make statements and
					 introduce evidence. The appellant and DARS may cross-examine the other parties'
					 witnesses.
(7) The parties may
					 present rebuttal evidence.
(8) The
					 parties may be allowed to make either oral or written closing statements at the
					 discretion of the impartial hearing officer.
(9) The impartial hearing officer may examine
					 any witness and party.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.933 - Rules of Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules of
					 evidence as applied in nonjury civil cases by the district courts of the state
					 of Texas apply to a hearing under this subchapter.
(b) Exceptions: evidence inadmissible under
					 the rules of evidence applied in nonjury civil cases by the district courts of
					 the state of Texas may be admitted:
(1) if it
					 consists of any documents contained in any file of DARS related to the
					 appellant; or
(2) if it is:
(A) necessary to ascertain the facts not
					 reasonably susceptible of proof under those rules;
(B) not precluded by statute; and
(C) of a type on which reasonably prudent
					 persons commonly rely in the conduct of their affairs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.935 - Transcription of Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
					 precluded by law, the hearing shall be recorded electronically by tape recorder
					 or similar device either by the IHO or by someone designated by the IHO. The
					 tape recording is the official record of the testimony offered as evidence
					 during the hearing. Any party, however, may request, at the party's expense,
					 that the hearing be recorded by a court reporter if the request is made within
					 ten days of the date for the hearing.
(b) In lieu either of a recording of the
					 testimony electronically or of the reporting of testimony by a court reporter,
					 the parties to a hearing may agree upon a statement of the evidence, agree to
					 use taped transcriptions as a statement of the testimonial evidence, or agree
					 to the summarization of testimony before the impartial hearing officer;
					 provided, however, that proceedings or any part of them must be transcribed on
					 written request of any party.
(c)
					 Unless otherwise provided in this subchapter, the party requesting a
					 transcription of any electronic recording of the proceedings shall bear the
					 cost for transcribing any such electronically recorded testimony. Nothing
					 provided for in this section limits DARS to a stenographic record of the
					 proceedings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.937 - Prepared Testimony

Current through Reg. 49, No. 28; July 12, 2024
In all proceedings and after all parties of record have
						been given copies, the prepared testimony of a witness upon direct examination
						may be incorporated in the record as if read or received as an exhibit. The
						prepared testimony may be either in narrative or question and answer form. The
						witness must be sworn and must identify the testimony. The witness is subject
						to cross-examination, and the prepared testimony is subject to a motion to
						strike in whole or in part.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.939 - Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) In a formal appeal, all pleadings, for
					 which no other form is prescribed, shall contain:
(1) the name of the party making the
					 pleading;
(2) the names of all
					 other known parties;
(3) a concise
					 statement of the facts alleged and relied upon;
(4) a request stating the type of relief,
					 action, or order desired;
(5) any
					 other matter required by law;
(6) a
					 certificate of service, as required by these rules; and
(7) the signature of the party or the party's
					 authorized representative making the pleading.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.941 - Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The impartial hearing officer, at his or
					 her discretion, may grant a continuance to further the interests of justice. No
					 motion for continuance shall be granted, unless it is made in writing or stated
					 in the record, and the motion shall set forth the specific grounds upon which
					 the party seeks the continuance.
(b) Unless made during a prehearing or
					 hearing, a party seeking a continuance, cancellation of a scheduled proceeding,
					 or extension of an established deadline must file such motion no later than 10
					 days before the date or deadline in question. A motion filed fewer than 10 days
					 before the date or deadline in question must contain a certification that the
					 movant contacted the other party or party's authorized representative and
					 whether it is opposed by the party or party's authorized representative.
					 Further, if a continuance to a certain date is sought, the motion must include
					 a proposed date or dates and must indicate whether the other party or party's
					 authorized representative contacted agrees on the proposed new date or
					 dates.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.943 - Motion for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party
					 to a hearing, except as provided in Division 3 of this chapter (relating to
					 Division for Early Childhood Intervention Services), may file a motion for
					 reconsideration within 20 days after the party is notified of the issuance of
					 the decision of the impartial hearing officer. The motion shall be filed with
					 the hearings coordinator, DARS Legal Services.
(b) The motion for reconsideration must
					 specify the matters in the decision of the impartial hearing officer that the
					 party considers to be erroneous. Any response to the motion for reconsideration
					 must be filed no later than 30 days after a party, or a party's attorney or
					 representative, is notified of the impartial hearing officer's issuance of the
					 decision.
(c) The impartial hearing
					 officer shall rule on the motion for reconsideration no later than 15 days
					 after receipt of the motion, or after receipt of the response to the motion for
					 reconsideration, whichever comes later. If the motion is granted, the IHO
					 issues a decision upon reconsideration within an additional 15 days. If the
					 impartial hearing officer fails to rule on the motion for reconsideration
					 within 15 days, the motion is denied as a matter of law.
(d) Service. Service of the impartial hearing
					 officer's decision or of a motion or response under this section shall be made
					 by any of the following means to a party, a party's attorney, or
					 representative:
(1) hand-delivery;
(2) courier-receipted delivery;
(3) regular first-class mail, certified, or
					 registered mail;
(4) email or
					 facsimile transmission before 5:00 p.m. on a business day to the recipient's
					 current email address or telecopier number; or
(5) such other means as the impartial hearing
					 officer may direct.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.945 - Civil Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party who
					 disagrees with the findings and decision of an impartial hearing officer has a
					 right to bring a civil action in any court of competent jurisdiction without
					 regard to the amount in controversy.
(b) A person must initiate a civil action for
					 review of an impartial hearing officer's decision by filing a petition not
					 later than the 30th day after the date on which the decision that is the
					 subject of complaint is final and appealable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.947 - Mediation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant,
					 eligible individual, or parent who has initiated a proceeding under this
					 subchapter may request mediation to resolve the dispute. DARS, with the consent
					 of the applicant, eligible individual, or parent, may also originate the
					 request for mediation.
(b)
					 Mediation is voluntary on the part of the parties; must not be used to deny or
					 delay the right of an individual to a hearing under this subchapter, or to deny
					 any other right afforded by the Rehabilitation Act; and shall be conducted by a
					 qualified and impartial mediator who is trained in effective mediation
					 techniques.
(c) DARS shall bear all
					 costs related to the mediation process.
(d) Upon receiving a request for mediation
					 from the parties, the hearings coordinator shall select an individual from a
					 list of qualified mediators who are knowledgeable in laws and regulations
					 relating to the provision of vocational rehabilitation, independent living
					 services, comprehensive rehabilitation services, or the provision of services
					 by Early Childhood Intervention Services, whichever may apply to the
					 dispute.
(e) Sessions in the
					 mediation process shall be coordinated by the mediator in a timely manner at a
					 location convenient to both parties in the dispute.
(f) All discussions that occur during the
					 mediation sessions are confidential and may not be used as evidence in any
					 subsequent due process hearing or civil proceeding. The mediator may require
					 the parties to sign a confidentiality pledge before the start of the mediation
					 process.
(g) Any agreement reached
					 through the mediation process is documented in a written mediation agreement
					 and signed by the parties to the dispute. The agreement then becomes a part of
					 the consumer record.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 101.949 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing any
					 period of time prescribed or allowed by the rules in this subchapter, by order
					 of an IHO, or by any applicable statute, the day of the act, event, or default
					 after which the designated period of time begins to run is not
					 included.
(b) Unless otherwise
					 provided by the rules in this subchapter, the last day of the period so
					 computed is included, unless it is a Saturday, Sunday, or legal holiday, in
					 which event the period runs until the end of the next day that is not a
					 Saturday, Sunday, or legal holiday. Saturdays, Sundays, and legal holidays are
					 not counted for any purpose in any time period of five days or less in the
					 rules under this subchapter.
(c) In
					 computing the time periods required for filing a motion for reconsideration
					 (§
											101.943
					 of this subchapter (relating to Motion for Reconsideration)) and for appealing
					 a final decision of an IHO to a court (§
											101.945
					 of this subchapter (relating to Civil Action)), Saturdays, Sundays, and legal
					 holidays are included.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1001 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This division establishes procedures
					 under which an applicant or eligible person may appeal a determination made
					 either by the Division for Blind Services or by the Division for Rehabilitation
					 Services that affects the provision of vocational rehabilitation services,
					 independent living services, and comprehensive rehabilitation services for that
					 applicant or eligible person.
(b)
					 The provisions of this subchapter shall not be construed so as to enlarge,
					 diminish, modify, or alter the jurisdiction, powers, or authority of DARS or
					 the substantive rights of any person.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1003 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 statutes and regulations authorize the procedures established by this chapter:
(1) The Rehabilitation Act of 1973, as
					 amended,
					 29 U.S.C.
					 §701 et seq. and regulations of the
					 Department of Education, Rehabilitation Services Administration,
					 34
					 C.F.R. §361.57 et seq., as
					 amended;
(2) Texas Human Resources
					 Code, Chapter 91 (concerning vocational rehabilitation services for the people
					 who are blind and visually impaired);
(3) Texas Human Resources Code, Chapter 111
					 (concerning vocational rehabilitation services for people with disabilities);
					 and
(4) Texas Administrative
					 Procedure Act, Texas Government Code, Chapter 2001, as amended.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1005 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms defined in §
											101.905 of
						this subchapter (relating to Definitions), when used in this division, have the
						same meanings unless the context clearly indicates otherwise. The use of the
						singular or plural is not meant to be limiting unless the context clearly
						indicates otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1007 - Filing a Request for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
					 applicant or eligible individual who is dissatisfied with a determination, as
					 described in §
											101.1003 of this
					 subchapter (relating to Legal Authority), made either by the Division for Blind
					 Services or the Division for Rehabilitation Services may request a review of
					 the determination. Although no prescribed form is required to file a request,
					 preprinted forms for this purpose are maintained in every DARS office and are
					 available upon request.
(b) The
					 request for a review shall be filed in writing with the hearings coordinator,
					 DARS Legal Services.
(1) A request shall be
					 considered filed on the day that it is received by the hearings
					 coordinator.
(2) Preprinted forms
					 for this purpose are available upon request either from the hearings
					 coordinator, DARS Legal Services, or from any DARS office.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1009 - Filings

Current through Reg. 49, No. 28; July 12, 2024
(a) All filings shall be sent to DARS, 4800
					 North Lamar, Suite 300, Austin, Texas 78756, with the notation "Attention:
					 Hearings Coordinator," or delivered to DARS at that address.
(b) A copy of all filings shall be sent by
					 mail or otherwise delivered to all parties.
(c) A certificate of service shall be
					 contained in or attached to all filings. The certificate must be signed by the
					 person making the filing, show the manner of service, state that the filing has
					 been served on all other parties, and identify those parties. The certificate
					 is prima facie evidence of service.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1011 - Discovery and Mandatory Disclosures

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Written Discovery. Requests for disclosure of information shall be the only
					 form of written discovery that the parties are entitled to make. Unless a party
					 is ordered by the IHO during a pretrial conference to disclose other
					 information in addition to the items in this section, a party may request in
					 writing that the other party disclose or produce the following:
(1) the names, addresses, and phone numbers
					 of persons having knowledge of relevant facts, including those who might be
					 called as witnesses and any expert who might be called to testify;
(2) for any testifying expert:
(A) the subject matter on which the expert
					 will testify;
(B) the expert's
					 summary; and
(C) a brief summary of
					 the substance of the expert's mental impressions and opinions and the basis for
					 them; and all documents and tangible things reflecting such
					 information;
(3) the
					 issues and in general the factual basis for a party's claims and defenses in
					 the appeal; and
(4) information
					 concerning the appellant's employment, including the appellant's job
					 application with the appellant's current employer and any personnel
					 evaluations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1013 - Documentary Evidence and Official Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Documentary evidence may be received in
					 the form of copies or excerpts if the original is not readily available. On
					 request, parties shall be given an opportunity to compare the original and the
					 copy or excerpt.
(b) When numerous
					 similar documents that are otherwise admissible are offered into evidence, the
					 impartial hearing officer may limit the documents received to those that are
					 typical and representative. The impartial hearing officer may also require that
					 an abstract of relevant data from the documents be presented in the form of an
					 exhibit, provided that all parties be given the right to examine the documents
					 from which such abstracts were made.
(c) The following laws, rules, regulations,
					 and policies are officially noticed:
(1) The
					 Rehabilitation Act of 1973, as amended,
					 29 U.S.C.
					 §701, et seq.;
(2) Department of Education regulations, 34
					 C.F.R. Parts 361, 363, 364, 365, and 367;
(3) Texas Human Resources Code, Chapter 91
					 and Chapter 111;
(4) Department of
					 Assistive and Rehabilitative Services, Division for Blind Services' and
					 Division for Rehabilitation Services' State Plan for Vocational Rehabilitation
					 Services;
(5) Department of
					 Assistive and Rehabilitative Services, Division for Blind Services, Vocational
					 Rehabilitation and Independent Living Manuals; and Division for Rehabilitation
					 Services, Rehabilitation Policy Manual;
(6) Texas Administrative Code, Title 40, Part
					 2, Department of Assistive and Rehabilitative Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1015 - Impartial Hearing Officer Decision

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Within 30 days of the hearing completion date, the impartial hearing officer
					 shall issue a decision that is based on the evidence and which is consistent
					 with the provisions of the approved state plan; the Rehabilitation Act of 1973,
					 as amended; federal vocational rehabilitation regulations and state regulations
					 and policies that are consistent with federal requirements, and shall provide
					 to the appellant or, if appropriate, the appellant's authorized representative,
					 and DARS' authorized representative or DARS Legal Services, as appropriate, a
					 full written report of the findings of fact, conclusions of law, and any other
					 grounds for the decision.
(b) The
					 hearing completion date is the date upon which the impartial hearing officer
					 receives the transcript, if any was prepared, of the oral hearing, or, if no
					 transcript was prepared, the date of the adjournment of the hearing.
(c) The decision shall address each issue
					 considered by the impartial hearing officer.
(d) The impartial hearing officer may
					 prescribe such remedies as are appropriate within the scope of, and permitted
					 by, the Human Resources Code, Chapters 91 and 111; Rehabilitation Act; the
					 regulations of Rehabilitation Services Administration of the Department of
					 Education; and DARS' policies and rules.
(1)
					 The impartial hearing officer may not award restitutionary, compensatory, or
					 monetary relief, including monetary damages to any party.
(2) The impartial hearing officer may not
					 prescribe an action affecting the employment of a DARS employee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1017 - Finality of the Hearing Officer's Decision

Current through Reg. 49, No. 28; July 12, 2024
The decision of the impartial hearing officer is the
						final decision of DARS, and, if no timely motion for reconsideration is filed,
						becomes the final decision of DARS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1019 - Implementation of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
If a party brings a civil action to challenge a final
						decision of an impartial hearing officer, the final decision involved shall be
						implemented pending review by the court.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1021 - Motion for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
Either party to a hearing may file a motion for
						reconsideration with the hearings coordinator, DARS Legal Services, as provided
						in §
											101.943
						of this subchapter (relating to Motion for Reconsideration).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 2 - DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES › Section 101.1023 - Appeal of Final Decision

Current through Reg. 49, No. 28; July 12, 2024
A party aggrieved by a final decision may bring an action
						for judicial review as provided in §
											101.945
						of this subchapter (relating to Civil Action).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 101 - ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - APPEALS AND HEARING PROCEDURES › Division 3 - DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES › Section 101.1101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This division is intended to bring DARS procedures for
						hearings into compliance with Part C of the Individuals with Disabilities
						Education Act, and the applicable federal regulations,
						34
						C.F.R. §303.1 et seq. This division
						supplements existing DARS rules governing hearings and is intended to be
						applied together except where a conflict exists, in which case this division
						shall prevail.