40 Tex. Admin. Code § 4.156 - Request for an Administrative Hearing

(a) A request for an administrative hearing must be received by the state MR facility or mental retardation authority within 30 calendar days after the individual's or LAR's receipt of notice referenced in §414.155(a) of this title (relating to Notice).

(b) The request for administrative hearing must be submitted in accordance with the instructions provided in the notice referenced in §414.155(a) of this title (relating to Notice).

(c) The request for an administrative hearing may be oral or in writing.

(d) The state MR facility or mental retardation authority, as appropriate, must document in writing an oral request for an administrative hearing.

(e) The state MR facility or mental retardation authority, as appropriate, must forward the request for an administrative hearing to the TDMHMR's Office of Legal Services within one working day after receipt of the request.

(f) A party may not take action to transfer or discharge an individual if an administrative hearing is requested under subsection (a)(2) or (a)(3) of § 414.154 of this title (relating to General Principles).

Notes

40 Tex. Admin. Code § 4.156

The provisions of this §4.156 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