40 Tex. Admin. Code § 4.155 - Notice

(a) Written notice to the individual or LAR of the right to request an administrative hearing must be provided by:

(1) the state MR facility or mental retardation authority, as applicable, at the time the report, as referenced in §415.755(h) of this title (relating to Determination of Mental Retardation (DMR)), is provided to the individual or LAR who requested the determination of mental retardation;

(2) a state MR facility, upon its denial of a request by the individual or LAR for a transfer or discharge; or

(3) a state MR facility, at least 31 calendar days before the date of the state MR facility's proposed transfer or discharge of the individual.

(b) The notice must contain:

(1) the conclusion of the determination of mental retardation as to whether or not the individual has mental retardation, for the notice referenced in subsection (a)(1) of this section;

(2) the decision to deny a requested transfer or discharge and the reasons for such decision, for the notice referenced in subsection (a)(2) of this section;

(3) the decision to propose a transfer or discharge, the reasons for such proposal, and the date of the proposed transfer or discharge, for the notice referenced in subsection (a)(3) of this section;

(4) an explanation of the individual's or LAR's right to request an administrative hearing and the procedure for requesting such;

(5) the timeframe for requesting a hearing;

(6) a statement that the individual or LAR may represent himself or herself or use another person as a representative; and

(7) the name, address, and phone number of the person designated by the state MR facility or mental retardation authority to receive the request for an administrative hearing.

Notes

40 Tex. Admin. Code § 4.155

The provisions of this §4.155 adopted to be effective December 27, 2000, 25 TexReg 12785; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841