reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter D - RULEMAKING PROCEDURES › Section 730.304 - Copies of Proposed Rules

Current through Reg. 49, No. 28; July 12, 2024
Copies of proposed rules which have been submitted to the
					 secretary of state by the Texas Department of Protective and Regulatory
					 Services are provided at cost and in compliance with § 734.1 of this title
					 (relating to Compliance with Public Information Act). Requests must be directed
					 to Policy and Document Support--MC E-503, Texas Department of Protective and
					 Regulatory Services, 701 West 51st Street, P.O. Box 149030, Austin, Texas
					 78714-9030.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter D - RULEMAKING PROCEDURES › Section 730.305 - Copies of Hearing Tapes

Current through Reg. 49, No. 28; July 12, 2024
Copies of tape recordings of public hearings held on
					 proposed rules are provided in compliance with § 734.1 of this title
					 (relating to Compliance with Public Information Act) at a cost of $2.00 per
					 tape. Requests must be directed to Policy and Document Support--MC E-503, Texas
					 Department of Protective and Regulatory Services, 701 West 51st Street, P.O.
					 Box 149030, Austin, Texas 78714-9030.
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 730.1101 - Rule and Regulation Authority

Current through Reg. 49, No. 28; July 12, 2024
The statutes creating the Texas Department of Protective
					 and Regulatory Services (PRS) grant PRS authority to issue rules and
					 regulations for administering the programs for which it has legal
					 responsibility. The standards for fair hearings apply to all the PRS programs,
					 except as otherwise provided by statute or departmental rules, including
					 clients served through agencies under contract with the PRS.
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 730.1103 - Principles

Current through Reg. 49, No. 28; July 12, 2024
The underlying principles in the fair hearing process are
					 that:
(1) the Texas Department of
				  Protective and Regulatory Services (PRS) is accountable to the appellant for
				  action or inaction with reasonable promptness according to the conditions of
				  the case;
(2) the appellant has a
				  right to appeal any PRS action or inaction on the claim for
				  assistance;
(3) the appellant may
				  question PRS' interpretation of the law and the reasonability and equity of PRS
				  policies, if the appellant thinks his claim for assistance has been wrongly
				  handled;
(4) the hearing is an
				  informal administrative procedure which attempts to serve the interest of the
				  appellant and ensures due process; and
(5) the appellant is entitled to all judicial
				  remedies provided by state and federal law.
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 730.1104 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
The following are the primary requirements in the fair
					 hearing procedure.
(1) The Texas
				  Department of Protective and Regulatory Services (PRS) is responsible for:
(A) fulfilling fair hearing provisions,
				  delegating responsibility for the conduct of the fair hearing, making and
				  implementing the decisions, and designating the hearing officer as the hearing
				  authority;
(B) issuing and
				  publicizing hearing procedures;
(C)
				  establishing and maintaining a method of making decisions accessible to the
				  appellants, their representatives, and the public (according to provisions
				  safeguarding assistance information).
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 730.1105 - Administrative Review of Fair Hearing Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing officer's decision is the
				  Texas Department of Protective and Regulatory Services' (PRS') final
				  administrative decision. PRS is, however, aware of the need to monitor hearing
				  decisions for procedural and programmatic accuracy and provides a process for
				  administrative review of decisions that are challenged by appellants.
(b) Request for administrative review must be
				  postmarked within 30 days of date of the decision and should be addressed to
				  the appropriate regional attorney.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter M - APPEALS PROCESS › Section 730.1201 - Group Hearings

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 must grant a group hearing if recipients request a group hearing on a question
					 of agency policy. In all cases, except food stamp cases, the request must be in
					 writing, signed by each appellant, and state the common issue(s). Requests for
					 group hearings in food stamp cases may be oral or written. An appellant may
					 also withdraw from a group hearing at any time before a final decision. If an
					 appellant wishes to withdraw, he must make the request in writing and sign it.
					 Group hearings follow the same procedures as individual
					 hearings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter M - APPEALS PROCESS › Section 730.1202 - Information on Right of Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Texas Department of Protective and Regulatory Services (PRS) must inform
				  applicants and recipients or any person aggrieved by any PRS decision or policy
				  of their right to a fair hearing. The worker must explain the procedure for an
				  appeal, the person's right of appeal, and the right to be represented by
				  others, including legal counsel. The worker must also provide information to
				  clients concerning available legal services in the community. Legal services
				  information may be provided through notices in each office.
(b) The appellant or the appellant's
				  representative may at any reasonable time review the appeal procedures set out
				  in the Fair Hearings, Fraud, and Civil Rights Handbook, which is available at
				  local offices.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter M - APPEALS PROCESS › Section 730.1203 - Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) Selection. The
				  following persons, unless disqualified, may serve as the hearing officer in a
				  region:
(1) a program director;
(2) a supervisor (except the supervisor of
				  the worker who made the decision); or
(3) any other person designated by the
				  executive director through the regional administrator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter M - APPEALS PROCESS › Section 730.1204 - Notice Requirement-Proposed Termination or Reduction of Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Protective and
				  Regulatory Services (PRS) must give clients timely and/or adequate notice if a
				  review of the client's situation shows that the grant is to be lowered or
				  denied or services reduced or terminated; PRS decides to make or continue a
				  protective, vendor, or two-party payment; or PRS decides to continue a
				  protective payment in AFDC mismanagement cases.
(1) PRS mails a timely notice at least 10
				  days before the date of action. The 10-day period begins the day the notice is
				  mailed and ends 10 calendar days later, unless the 10th day is a nonworkday. In
				  this case, the period ends on the next workday.
(2) PRS continues assistance if a request for
				  a fair hearing is postmarked on or before the 10th day. Payment may not be
				  changed to a protective, vendor, or two-party payment pending the appeal. PRS
				  allows two full calendar days mailing time for receiving the appeal notice
				  before taking action to terminate or reduce assistance or services.
(3) An adequate notice includes a statement
				  of the proposed action; the reasons for the action; the specific regulations
				  supporting the action; an explanation of the client's right to a hearing, if
				  any; and the circumstances under which assistance or services are continued if
				  the client requests a hearing.
(4)
				  PRS must give adequate notice to every client for across-the-board reductions
				  necessarily made in good faith, such as denials or reductions made because of
				  raises in Social Security; reductions required because of changes in PRS
				  policies of general applicability; termination of the grant when a client
				  reaches the maximum eligibility age, such as an AFDC child reaching 18 years
				  old or 19 years old if attending school; or reduction because a member of the
				  dependent group received a new grant, and the total of the two grants is equal
				  to or larger than the original grant.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter M - APPEALS PROCESS › Section 730.1206 - Fair Hearing Request

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Protective and Regulatory Services
					 restricts the right to appeal to the client, his legal guardian, or his
					 authorized representative. The client, however, may choose any individual or
					 institution as his authorized representative. If a third-party vendor provides
					 assistance or service, the vendor may not appeal because of what he may
					 consider an adverse action against the client.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter M - APPEALS PROCESS › Section 730.1207 - Time and Place of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  appellant has a right to file an appeal within 90 days from the effective date
				  of the decision or from the notice of adverse action date, whichever is
				  later.
(b) If more time elapses
				  between the effective date and the request date, the worker offers to process a
				  reapplication or to review the case situation.
(c) A food stamp client may request a fair
				  hearing to question his current level of benefits anytime within a
				  certification period.
(d) The
				  worker or the hearing officer may change the decision any time before or during
				  the hearing process. The appellant, however, has the right to proceed with the
				  fair hearing after an adjustment is made.
(e) If the client is satisfied with the last
				  action but still dissatisfied with the previous action, he may appeal the first
				  decision. If he is dissatisfied with both decisions, he may appeal
				  both.
(f) The fair hearing is held
				  at a reasonable place and time. This may be the local office or the appellant's
				  home. The hearing officer considers the physical condition of the appellant and
				  availability of transportation in setting the place of the fair hearing. A
				  bilingual interpreter is available if the hearing officer determines it is
				  necessary. A qualified sign language interpreter is available for deaf persons
				  requiring one.
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 730.1301 - Conduct of Fair Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  hearing officer conducts the fair hearing as an informal proceeding, not as a
				  formal court hearing. The participants are placed under oath, but the technical
				  rules of evidence need not be followed.
(b) The fair hearing is not open to the
				  public, but friends and relatives of the appellant may attend if the appellant
				  chooses. Reporters may tape record (but may not photograph) the hearing if the
				  appellant chooses. All persons attending the fair hearing must have:
(1) an interest in the rights of the
				  appellant; and
(2) an opportunity
				  to give information pertinent to the issues under consideration.
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 730.1302 - Fair Hearing Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) The appellant
				  or his representative have the opportunity to:
(1) examine evidence to be used in the fair
				  hearing before the fair hearing if he makes either an oral or written request
				  to the hearing officer;
(2) examine
				  or request copies (at no cost) of all documents and records used at the fair
				  hearing;
(3) present the case
				  personally or with the aid of others, including legal counsel;
(4) bring witnesses;
(5) establish all pertinent facts and
				  circumstances;
(6) present
				  arguments or say anything about the case without undue interference;
(7) present documentary evidence;
				  and
(8) question or refute any
				  testimony or evidence, including an opportunity to confront and cross-examine
				  adverse witnesses.
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 730.1303 - Private (Ex Parte) Consultations

Current through Reg. 49, No. 28; July 12, 2024
Any information considered by the hearing officer in
					 deciding the appeal must be shared with the appellant or his authorized
					 representative. Private (ex parte) consultations, whether oral or written,
					 about the substantive issues of the appeal are allowed only if their substance
					 is shared with all parties to the appeal.
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 730.1304 - Confidential Material

Current through Reg. 49, No. 28; July 12, 2024
(a) Information
				  furnished to the department by anyone in confidence may not be shared with the
				  appellant. Any information, however, which is used to decide an appeal must be
				  shared with the appellant. If the information on which the eligibility decision
				  was made is classified confidential, it may not be used in making the decision
				  on the appeal. For these reasons the following procedures are used.
(b) Physicians are informed that the medical
				  information they furnish is subject to examination and review by the appellant
				  or his representative if an administrative appeal is held. If the physician has
				  prior notice, it is not necessary to get his permission before the information
				  is released to the appellant or representative.
(c) If the physician was not notified that
				  medical information is subject to examination and review by the appellant or
				  representative, PRS must obtain the clearance of the physician. If the
				  physician has no objections to the release of the information, it is released.
				  If he objects to the release, the PRS must arrange another examination at state
				  expense by a different physician. This information may be shared with the
				  appellant or his representative.
(d) If another agency releases medical
				  information to PRS and requests that this information be kept confidential, PRS
				  honors the request. This information may not be released to the appellant or
				  considered in the appeal. If there is no additional information in the record
				  upon which a decision can be made, the PRS authorizes additional medical
				  examinations at state expense. If the physician requests that the medical
				  report not be shared with the appellant, PRS' medical review team, or the
				  disability determination unit notifies the hearing officer. The hearing officer
				  then contacts the appellant's representative and obtains an agreement to
				  protect the confidentiality of the report and to not share it with the
				  appellant. The medical report is then shared with the appellant's
				  representative. A new medical examination must be made at state expense if:
(1) an agreement to protect confidentiality
				  cannot be made;
(2) the appellant
				  does not have a representative; or
(3) the physician requests that even the
				  representative not be allowed to review the report.
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 730.1305 - Furnishing Medical Information

Current through Reg. 49, No. 28; July 12, 2024
If an appellant or his representative requests medical
					 evidence, PRS gives the appellant or his representative a copy of all medical
					 evidence in the files. This includes medical reports, the social summaries, the
					 medical review team's or the disability determination unit's findings,
					 decisions, and reassessments, subject to the following conditions. The request
					 may be oral in food stamp cases, but must be in writing in all other cases. If
					 an appellant requests medical records, the information is provided to the
					 hearing officer by the medical review team or the disability determination unit
					 and is shared with the appellant or his representative before the hearing. If,
					 during the hearing, the appellant or his representative requests in writing
					 medical information, the hearing officer recesses the hearing and gives the
					 information to the appellant or his representative. The release of medical
					 information is subject to the provisions of §
										730.1304 of
					 this title (relating to Confidential Material).
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 730.1306 - Interrogatories

Current through Reg. 49, No. 28; July 12, 2024
An appellant or his legal counsel may send written
					 interrogatories or request a prehearing conference to get additional
					 information from the PRS' medical review team or disability determination unit,
					 or the Texas Department of Health. The request is granted, subject to the
					 following conditions.
(1) The
				  appellant or his legal counsel must ensure that written interrogatories are
				  clear and concise. No more than 30 questions may be asked.
(2) Four copies of the interrogatories must
				  be submitted to the hearing officer.
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 730.1307 - Prehearing Conference

Current through Reg. 49, No. 28; July 12, 2024
If an appellant's attorney wishes to have a prehearing
					 conference about the medical information, either the hearing officer or the
					 attorney representing the appellant sends the request to the office of the
					 general counsel. The office of the general counsel sets up an appointment for
					 the prehearing conference to be held in Austin. The appointment is set at a
					 time when the hearing officer can go to Austin to attend the conference. PRS
					 does not pay any expenses of the appellant or the attorney(s) representing him
					 for attending the prehearing conference in Austin. At the prehearing
					 conference, the appellant or attorney may question the medical staff about
					 medical eligibility. The hearing officer records the prehearing
					 conference.
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 730.1308 - Order of Fair Hearings

Current through Reg. 49, No. 28; July 12, 2024
Fair hearings are normally scheduled in the order in which
					 requests are received. For good cause, however, the hearing officer may
					 schedule fair hearings out of order.
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 730.1309 - Action by Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Postponement. In food stamp cases, the appellant is entitled to receive one
				  fair hearing postponement of up to 30 days. The time limit for action on the
				  decision may be extended by as many days as the fair hearing is postponed.
				  Other fair hearings may be postponed by the hearing officer if there is a
				  reasonable cause. If possible, the appellant should file a written request for
				  postponement of the fair hearing at least two days before it is scheduled to
				  occur, unless unusual circumstances exist. The hearing officer then resets the
				  fair hearing.
(1) The hearing officer decides
				  if there is a valid reason for postponement or, in a food stamp appeal, if the
				  appellant is entitled to a postponement.
(2) If there is reasonable doubt that the
				  appellant or a member of his immediate family is too ill to appear, the hearing
				  officer may ask the appellant to furnish a statement from a
				  physician.
(3) The hearing officer
				  may decide that a requested postponement cannot be granted, either because the
				  appellant is not entitled to it in a food stamp appeal or because there is not
				  reasonable cause. The hearing officer must document his decision in writing and
				  send it to the appellant.
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

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirements. The decision by the hearing officer is made for the PRS and is
				  the final administrative action by the PRS in an appeal. The decision is
				  documented and given to the appellant. The appellant may examine any
				  documentary material related to the case before, during, or after the
				  hearing.
(b) Reversed appeals. The
				  decision is reversed if the hearing officer decides that the action of the
				  local office or contracted agency was not according to current policies or
				  procedures.
(c) Sustained appeals.
(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:
(A) the appellant alleges
				  a change in circumstances;
(B)
				  there has been a change in the conditions of eligibility;
(C) the worker has reliable evidence to show
				  a change in the appellant's circumstances which affects eligibility;
				  or
(D) a review or recertification
				  is due for the case.
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 730.1311 - Public Access to Decisions

Current through Reg. 49, No. 28; July 12, 2024
All decisions by the hearing officer are accessible to
					 appellants, their representatives, and the public on the official record of the
					 fair hearing (subject to provisions of §
										730.1304 of
					 this title (relating to Confidential Material)).
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 730.1312 - Transcripts

Current through Reg. 49, No. 28; July 12, 2024
If substantial controversy or litigation appears likely,
					 tapes of the fair hearing are maintained for one year. Even in these instances,
					 however, transcripts are prepared only at the request of the Office of the
					 General Counsel. Appellants or their representatives may listen to and copy the
					 tape with their own equipment in the office of the hearing
					 officer.
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 730.1313 - Retroactive Payments or Restored Benefits or Services

Current through Reg. 49, No. 28; July 12, 2024
(a) If the hearing officer finds that the
				  decision appealed was erroneous, the hearing officer authorizes the worker to
				  process retroactive or supplemental assistance or services to correct the
				  error.
(b) The appellant is also
				  eligible for retroactive assistance between the date of the adverse action and
				  the hearing officer's decision if benefits were not continued during that
				  period. Except in AFDC cases, reimbursement or retroactive benefits are limited
				  to 12 months preceding the month the error or underpayment is discovered. The
				  hearing officer must specify the months of entitlement.
(c) If the hearing officer reverses a
				  decision, he directs the worker to authorize any restored payments, benefits,
				  or services. If the hearing officer reverses a decision involving:
(1) services--the service usually is provided
				  from the time of the decision instead of retroactively. If the appellant had to
				  spend money or has unpaid bills for services incorrectly reduced or denied,
				  then he or the provider is entitled to the retroactive reimbursement.
(2) Title XIX medical assistance--retroactive
				  reimbursement may be made only to the Title XIX provider, not the appellant.
				  This is true even if the appellant has already spent his own money to purchase
				  assistance.
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 730.1314 - Recovery of Benefits in 10-day Appeals

Current through Reg. 49, No. 28; July 12, 2024
The hearing officer may sustain the worker's decision to
					 deny or reduce benefits in 10-day appeals. PRS recovers the amount of
					 assistance or benefits received by or on behalf of an appellant during the
					 appeal period that exceeds the amount due the appellant.
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 730.1315 - Time Limits on Appeals

Current through Reg. 49, No. 28; July 12, 2024
Appeals are processed promptly. In deciding the appeal,
					 staff must not take more than 90 days (60 days for food stamps) from the date
					 of the request for an appeal until action to provide retroactive benefits is
					 initiated. The fair hearing may be postponed, however, at the request of the
					 appellant or when the appellant fails to keep his first appointment for the
					 fair hearing. In these cases, the time lapse caused by the delay is added to
					 the 90 or 60 days allowed for processing the appeal.
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 730.1317 - Time Periods for Dismissals

Current through Reg. 49, No. 28; July 12, 2024
In 10-day appeals, the appeal is abandoned if the appellant
					 or representative does not appear and does not request a postponement for good
					 cause.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter O - SOCIAL SERVICE APPEALS › Section 730.1401 - Requirements

Current through Reg. 49, No. 28; July 12, 2024
Fair hearings may be requested because of the reduction,
					 termination, or denial of services provided by the department or because of an
					 action or policy of the department which requires a person to participate in a
					 service program. The hearing process described in other department rules is
					 applicable to appeals on social services with the exception noted in §
										730.1402 of
					 this title (relating to Reversals).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter O - SOCIAL SERVICE APPEALS › Section 730.1402 - Reversals

Current through Reg. 49, No. 28; July 12, 2024
If a decision involving services is reversed, normally the
					 service will be provided from the time of the decision instead of
					 retroactively; however, if by reason of having been excluded from the services,
					 the client has been required to expend funds, or has incurred unpaid bills for
					 services erroneously reduced or denied, then he or she or the provider, if
					 appropriate, would be entitled to the reimbursement of expenditures
					 retroactively.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1701 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Administrative law judge--The attorney appointed by the director of the
				  Hearings Department to preside over the hearing.
(2) Adverse action--Adverse registration,
				  licensing, or certification that is based in whole or in part on a finding of
				  abuse, neglect, or exploitation (without regard to the release of abuse,
				  neglect, or exploitation data). The following actions do not constitute adverse
				  action:
(A) removal of foster children from
				  foster parents who are alleged perpetrators, as verified by Child Protective
				  Services (CPS);
(B) removal of
				  foster children from CPS-approved, prospective adoptive parents who are alleged
				  perpetrators; and
(C) denial of CPS
				  approval of persons as foster parents or as adoptive parents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1702 - Right to a Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing must
				  be granted to any alleged perpetrator about whom a finding of child abuse or
				  neglect or adult abuse, neglect, or exploitation is to be released without that
				  individual's consent.
(b) A hearing
				  must also be granted to any alleged perpetrator against whom an adverse action
				  is to be taken by the department.
(c) If an alleged perpetrator is entitled to
				  hearings under both subsections (a) and (b) of this section, the department may
				  combine the two hearings in a single proceeding.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1703 - Notice

Current through Reg. 49, No. 28; July 12, 2024
The executive director or his designee sends the alleged
					 perpetrator notice of any pending release or adverse use. The notice is sent by
					 certified mail, return receipt requested, unless the department determines that
					 a more immediate form of notice is required. The notice must include:
(1) a statement of:
(A) the department's abuse, neglect, or
				  exploitation findings; and
(B)
				  either:
(i) the adverse action to be taken;
				  or
(ii) the information to be
				  released by the department, or both;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1704 - Emergency Release/Use of Data

Current through Reg. 49, No. 28; July 12, 2024
Although abuse, neglect, or exploitation data is not
					 usually released pending the results of the release hearing, data may be
					 adversely used against an alleged perpetrator if the department determines that
					 he constitutes an immediate danger to the health or safety of children or aged
					 or disabled adults. The evidentiary standards for this determination are set
					 forth in the program rules on which the action is based.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1705 - Request for a Hearing

Current through Reg. 49, No. 28; July 12, 2024
The alleged perpetrator must file a written request for a
					 hearing. The request must be postmarked within 15 days after his receipt of the
					 official notice from the department and must be addressed to the Hearings
					 Department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1706 - Administrative Law Judge

Current through Reg. 49, No. 28; July 12, 2024
An administrative law judge hears the case, makes
					 appropriate findings of fact and conclusions of law, and makes the final
					 decision in each case. An attorney who has directly or indirectly participated
					 in, or given advice on issues that are the basis for, a particular hearing may
					 not be the administrative law judge in that hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1707 - Hearing Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Department
				  representative--The associate commissioner for legal services or his designee
				  appoints an attorney to represent the department. The attorney has authority
				  over the manner and substance of the presentation of the department's
				  case.
(b) Notice of hearing and
				  statement of issues--Within 30 days after he receives the request the
				  administrative law judge selects a hearing date. On motion of the department
				  representative or on the administrative law judge's own motion, the timely
				  filing of the hearing request may be challenged. The administrative law judge
				  decides whether the request was filed on time. At least 20 days before the date
				  of the hearing, the administrative law judge must notify the respondent and
				  petitioner, in writing, about the hearing date. The administrative law judge
				  may expedite the hearing if any party showing good cause requests it. In this
				  event, all parties must be sent at least 10-day notice of the hearing date.
(1) The written notice includes:
(A) a statement of the time, place, and
				  nature of the hearing; and
(B) a
				  statement of the legal authority and jurisdiction under which the hearing will
				  be held.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1708 - Venue

Current through Reg. 49, No. 28; July 12, 2024
Hearings are held in the departmental region responsible
					 for the abuse, neglect, or exploitation determination, unless the
					 administrative law judge determines that good cause exists for moving the
					 hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1709 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The release hearing is conducted pursuant to the
					 Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article
					 6252-13a. The administrative law judge decides whether to uphold the abuse,
					 neglect, or exploitation finding based on the evidence presented at the
					 hearing. He has no authority to overrule state or federal statutes, policies,
					 or regulations. The department has the burden of proof. The evidentiary
					 standards applicable at the hearing are the same as those set forth in the
					 program rules on which the finding or action is based.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1710 - Representation for Petitioner

Current through Reg. 49, No. 28; July 12, 2024
Any petitioner may appear and be represented by an attorney
					 at law authorized to practice law before the highest court of any state. The
					 petitioner may also appear on his own behalf.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1711 - Withdrawal of Hearing Request and Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) The petitioner may, at any time before
				  the conclusion of the hearing, submit written notification to the department
				  that he is withdrawing the hearing request.
(b) Informal disposition may be made of any
				  case by written stipulation, agreed settlement, consent order, or
				  default.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1712 - Conduct of Hearings-General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge is in charge
				  of proceedings. He has the authority to administer oaths, examine witnesses,
				  issue subpoenas and commissions, and rule on admissibility of evidence and
				  amendments to pleadings. He may also establish reasonable time limits for
				  conducting individual hearings, request additional information, and issue
				  intermediate orders. He has the authority to issue any orders necessary to
				  enforce his rulings. These include, but are not limited to, the following:
(1) exclusion of evidence or
				  witnesses;
(2) exclusion of oral
				  argument;
(3) summary orders or
				  default judgment on any issues;
(4)
				  postponement or dismissal of the hearing with or without prejudice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1713 - Prehearing Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Prehearing
				  conference. On the motion of the petitioner or the respondent or on his own
				  motion, the administrative law judge may direct the parties and their attorneys
				  or representatives to appear before him at a specified time and place for a
				  conference before the hearing, to formulate issues and to consider:
(1) the possibility of making admissions of
				  certain averments of facts or stipulations to avoid the unnecessary
				  introduction of proof;
(2) the
				  simplification of issues;
(3) the
				  procedure at the hearing;
(4) the
				  limitation, when possible, of the number of witnesses; and
(5) other matters that may help to simplify
				  the proceedings and the disposition of the case, including settlement of issues
				  that are in dispute.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1715 - Deliberation

Current through Reg. 49, No. 28; July 12, 2024
After all evidence has been heard, the administrative law
					 judge adjourns the hearing. Within 60 days from the date of adjournment, the
					 administrative law judge makes a final decision upon the
					 appeal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter R - ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT (APTRA) HEARINGS › Section 730.1716 - Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The final decision is based solely upon
				  the record of the individual case, is in writing, and includes the findings of
				  fact and conclusions of law in separate statements.
(b) Findings of fact, if set forth in
				  statutory language, must be accompanied by a concise and explicit statement of
				  the underlying facts supporting the findings.
(c) Findings of fact must be based
				  exclusively on the evidence and on matters officially noticed. If a party
				  submits a proposed finding of fact, the decision must include a ruling on each
				  proposed finding.
(d) The statement
				  of findings must explicitly declare whether or not a preponderance of the
				  evidence supports the department's determination that the alleged perpetrator
				  is responsible for abuse or neglect of a child, or for abuse, neglect, or
				  exploitation of an aged or disabled adult.
(e) The administrative law judge enters the
				  orders that are necessary to implement his decision. He may also make any other
				  recommendations that he considers appropriate.
(f) The decision is mailed by certified mail,
				  return receipt requested, or personally delivered to the petitioner or his
				  attorney and to the respondent.
(g)
				  Either party may file a written motion for a rehearing. This motion must be
				  addressed to the administrative law judge and must be filed within 20 days
				  after the date that the final decision was mailed. Replies to a motion for a
				  rehearing must be filed within 30 days after the date that the final decision
				  was rendered. The administrative law judge either grants or denies the motion
				  for a rehearing within 45 days after the date that the final decision was
				  rendered. If the administrative law judge does not rule on the motion for
				  rehearing, the motion is overruled by operation of law 45 days after the date
				  the party or his attorney is notified of the final decision or order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter U - FRAUD INVOLVING RECIPIENTS › Section 730.2001 - Terms and General Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Food stamp, medical assistance, and financial assistance are indicated when the
				  term "assistance" is used in this subchapter. Medical assistance, aid to
				  families with dependent children (AFDC), and food stamp intentional program
				  violations are not given special treatment except if specific procedural
				  distinctions are noted.
(b) A
				  household member has committed a food stamp intentional program violation if he
				  has intentionally:
(1) made a false and
				  misleading statement;
(2)
				  misrepresented, concealed, or withheld facts; or
(3) violated any provision of the Food Stamp
				  Act, the Food Stamp Program regulations, or related state statutes in order to
				  use, present, transfer, acquire, receive, or possess food stamp coupons or food
				  stamp authorizations to participate (ATPs).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES › Chapter 730 - LEGAL SERVICES › Subchapter U - FRAUD INVOLVING RECIPIENTS › Section 730.2003 - Determination and Disposition of Intentional Program Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Protective and
				  Regulatory Services (PRS) determines the existence of intentional program
				  violations; refers cases for investigation, administrative hearings, and
				  prosecution; takes collection action, and ensures clients' rights according to
				  applicable Texas criminal statutes and the following:
(1) Aid to Families with Dependent Children
				  (AFDC) Program--45 Code of Federal Regulations §§233.20(a)(13)(B),
				  235.110, 235.112, and 235.113;
(2)
				  Food Stamp Program--7 Code of Federal Regulations
				  §§273.16-273.18;
(3)
				  Medicaid Program--42 Code of Federal Regulations §455.2 and
				  455.16.