Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 31 - NUTRITION SERVICES › Subchapter C - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Section 31.29 - Applicant and Participant Rights

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Standards used for determining eligibility and participation in the WIC Program
				  shall be applied equally to all persons regardless of sex, age, disability,
				  race, color, or national origin.
(b) At the time of denial of participation or
				  disqualification from the WIC Program, each individual shall be informed in
				  writing of the right to a fair hearing and of the method by which a fair
				  hearing may be requested.
(1) Any individual
				  has the right to appeal a state agency or local agency action which results in
				  the individual's denial of participation in or termination from the WIC Program
				  or the assessment of an administrative claim against the individual for
				  repayment of the cash value of improperly issued benefits.
(2) An individual may make an oral or written
				  request for a fair hearing.
(3) The
				  oral or written request shall be made within 60 days of the date the state
				  agency mails or gives the applicant or participant the written notice of
				  adverse action.
(4) Participants
				  who appeal termination during a certification period and who appeal within 15
				  days of the date of notification of the termination, shall continue to receive
				  WIC Program benefits until a hearing decision is reached or the certification
				  period ends. An appeal after the 15-day time limit shall not result in
				  continued benefits.
(5) Applicants
				  who are denied participation in the WIC Program at the initial certification
				  determination or a subsequent certification determination may appeal the denial
				  but shall not receive program benefits while the appeal is pending.
(6) The hearing shall be scheduled within
				  three weeks from the date the request is received.
(7) The convenience of the appellant will be
				  considered in the selection of the time and place of the hearing.
(8) An impartial hearing official who did not
				  participate in the decision under appeal shall be designated to conduct the
				  hearing.
(9) The appellant may be
				  represented by an attorney or other person and shall have the right to examine,
				  prior to the hearing, the documents and records presented in support of the
				  decision under appeal.
(10) During
				  the hearing, the appellant shall have the opportunity to question or refute any
				  testimony or other evidence and to confront and cross-examine
				  witnesses.
(11) The decision of the
				  hearing official shall be based on oral and documentary evidence presented at
				  the hearing.
(12) The appellant and
				  any designated representative shall be notified in writing of the hearing
				  official's decision within 45 days from the date of the request for the
				  hearing.
(13) If the hearing
				  decision is in favor of the appellant and benefits were discontinued or denied,
				  benefits shall begin immediately.
(14) If the hearing decision regarding
				  suspension or disqualification from the WIC Program is in favor of the state
				  agency, any benefits which were continued pending the outcome of the hearing
				  decision shall be terminated by the local agency as soon as is administratively
				  feasible.
(15) If the hearing
				  decision regarding the assessment of a claim against the appellant is in favor
				  of the state agency, the state agency shall resume its efforts to collect the
				  claim.