40 Tex. Admin. Code § 101.1003 - Legal Authority

(a) The following statutes and regulations authorize the procedures established by this chapter:

(1) The Rehabilitation Act of 1973, as amended, 29 U.S.C. §701 et seq. and regulations of the Department of Education, Rehabilitation Services Administration, 34 C.F.R. §361.57 et seq., as amended;

(2) Texas Human Resources Code, Chapter 91 (concerning vocational rehabilitation services for the people who are blind and visually impaired);

(3) Texas Human Resources Code, Chapter 111 (concerning vocational rehabilitation services for people with disabilities); and

(4) Texas Administrative Procedure Act, Texas Government Code, Chapter 2001, as amended.

(b) The procedures in this division apply to those determinations made by DARS' personnel that affect the provision of vocational rehabilitation services, independent living services, or comprehensive rehabilitation services by DARS.

(1) Unless the determination concerns the denial, reduction, suspension or termination of vocational rehabilitation services, independent living or comprehensive rehabilitation services by the Department, it is not subject to review under the procedures of this subchapter.

(2) The following decisions or determinations are not subject to review under this subchapter:

(A) administrative decisions that are made by DARS' supervisors or managers without reference to any specific applicant or consumer and that apply generally to the provision of vocational rehabilitation services to applicants or consumers, including to those concerning the assignment of personnel;

(B) decisions, diagnoses, or judgments made by, or actions or omissions of third-party vendors or service providers;

(C) decisions concerning the content of an applicant's or consumer's record of service for which remedies are provided under 34 C.F.R. §361.38(c)(4) and § 361.47(a)(12); and

(D) decisions allegedly violating any state or federal antidiscrimination or civil rights statute (as amended), including the provisions of Texas Labor Code, Chapter 21; Rehabilitation Act of 1973; Section 504, the Americans with Disabilities Act; or Age Discrimination in Employment Act.

(c) Ineligibility. The following may challenge a determination of ineligibility through the procedures of this division:

(1) applicants who are found not to be eligible for vocational rehabilitation services; and

(2) previously eligible individuals who have been determined no longer eligible for vocational rehabilitation services under 34 C.F.R. §361.43.

(d) A person's decision to seek an informal resolution to matters about which the person is dissatisfied shall not prevent, compromise, or delay the person's access to formal resolution procedures in this division.

(e) DARS shall not suspend, reduce, or terminate vocational rehabilitation services being provided to an applicant or consumer, including evaluation and assessment services and the development of an Individualized Plan for Employment, pending a resolution of the applicant's or consumer's appeal by mediation or hearing unless:

(1) the applicant or consumer requests a suspension, reduction, or termination of services; or

(2) DARS has evidence that the applicant or consumer obtained the services through misrepresentation, fraud, collusion, or criminal conduct.

Notes

40 Tex. Admin. Code § 101.1003

The provisions of this §101.1003 adopted to be effective March 12, 2012, 37 TexReg 1706