40 Tex. Admin. Code § 101.1007 - Filing a Request for Review
(a)
Any applicant or eligible individual who is dissatisfied with a determination,
as described in §
101.1003 of this subchapter
(relating to Legal Authority), made either by the Division for Blind Services
or the Division for Rehabilitation Services may request a review of the
determination. Although no prescribed form is required to file a request,
preprinted forms for this purpose are maintained in every DARS office and are
available upon request.
(b) The
request for a review shall be filed in writing with the hearings coordinator,
DARS Legal Services.
(1) A request shall be
considered filed on the day that it is received by the hearings
coordinator.
(2) Preprinted forms
for this purpose are available upon request either from the hearings
coordinator, DARS Legal Services, or from any DARS office.
(c) Upon receiving a request for review, the
hearings coordinator, DARS Legal Services, shall, within five working days,
mail the appellant:
(1) the name, address,
and phone number of the Client Assistance Program established under federal
law;
(2) the name of the impartial
hearing officer appointed to hear the appeal, and the date, time, and place of
any prehearing;
(3) a copy of
applicable hearing procedures; and
(4) notice that the appellant has the right
to request mediation procedures.
(d) Timeliness of a request for review. A
request is considered timely if it is received by DARS no later than 180 days
from the date of the determination that is the subject of an applicant's or
eligible individual's request for review.
Notes
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