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

Current through Reg. 49, No. 28; July 12, 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.