1 Tex. Admin. Code § 357.484 - Request for a Hearing
(a) Who may file.
Any person who has received notice of adverse action may file a request for a
hearing.
(b) Time for filing. A
person must file a written request for a hearing with the HHSC Appeals Division
so that it is received within 15 days from the date the person receives the
referring agency's notice of adverse action. If a person does not file the
hearing request in accordance with this section, the judge may deny the
request.
(c) Form of request. The
request for hearing must:
(1) be in writing,
in the form of a petition or letter;
(2) state the basis for the appeal of the
adverse action; and
(3) include a
legible copy of the notice of adverse action. If a person does not provide a
copy of the notice of adverse action within 15 days from the date the hearing
request is filed, the judge may deny the hearing request.
(d) Referral to SOAH. Upon receipt of a
request to set a hearing at SOAH, the director of the HHSC Appeals Division
will transfer the case to SOAH for a hearing and a proposal for decision within
a reasonable time for disposition. In order for a case to be eligible for such
a transfer, the director of the HHSC Appeals Division must determine that such
transfer is required by the referring agency's rules, statute or policies.
Transferring a case to SOAH does not waive the referring agency's right to
assert any claims or defenses, including lack of jurisdiction or failure of the
petitioner to comply with a statutory requirement.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.