1 Tex. Admin. Code § 357.703 - Process and Timeframes
(a) The hearing
officer makes the final administrative decision in a hearing for the HHS System
agency and its designees, unless, in those instances related to benefits
provided under the public assistance programs of Chapters 31, 32 and 33, Human
Resources Code, the appellant or the appellant's representative files a request
for an administrative review of the hearing decision.
(b) The following provisions establish the
process and timelines for an administrative review under this subchapter.
(1) An appellant or the appellant's
representative may make a timely request for an administrative review of a
hearing officer's decision.
(2) To
be timely, a request for an administrative review of the hearing officer's
decision must be postmarked not later than the 30th day after the date of the
notice of the decision and must be addressed to the hearings administrator. A
request for administrative review will be considered timely if filed after 30
days, where Appellant demonstrates good cause. Exception: The 30 days does not
begin until a new decision is issued if the appellant or appellant's
representative is working with the hearing officer to reopen or reschedule the
hearing.
(3) Within 10 days of
receipt of the request for administrative review, the Commission designates a
HHS System attorney to handle the administrative review of the hearing decision
on behalf of the HHS System Agency. The assigned attorney reviews the hearing
decision and the hearings record upon which it is based for errors of law and
errors of fact using the "preponderance of evidence" standard. This standard
means that the evidence as a whole shows that the fact sought to be proved is
more probable than not.
(4) The
attorney completes the administrative review and notifies the appellant in
writing of the results not later than the 15th business day after the date the
attorney receives the request for review.
(5) When an administrative review is
conducted, the attorney makes the final decision for the HHS system agency and
its designees.
(c) If
the attorney's final decision in the administrative review is adverse to the
appellant, judicial review may be obtained by filing for review with a district
court in Travis County not later than the 30th day after the date of the notice
of the final decision as provided under Government Code Chapter 2001.
Notes
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