40 Tex. Admin. Code § 4.158 - Burden of Proof

(a) For hearings held under the Texas Health and Safety Code, § 593.008, the state MR facility or mental retardation authority, as appropriate, has the burden of proof by a preponderance of the evidence to demonstrate that the conclusion of the determination of mental retardation as to whether or not the individual has mental retardation is accurate.

(b) For hearings held for actions described under the Texas Health and Safety Code, § 594.012, the state MR facility has the burden of proof by a preponderance of the evidence to demonstrate that the criteria for transfer or discharge have not been met, as set forth in:

(1) the Texas Health and Safety Code, § 594.011;

(2) §412.271(b) of this title (relating to Transfer of an Individual Between State MR Facilities);

(3) § 412.279 of this title (relating to Discharge from a State MR Facility of an Individual Who Moves to an Alternate Living Arrangement); or

(4) § 412.282 of this title (relating to Review by Local MRA of Individual in a Community Living Arrangement).

(c) For hearings held for actions described under the Texas Health and Safety Code, § 594.014, the state MR facility has the burden of proof by a preponderance of the evidence to demonstrate that the criteria for transfer or discharge have been met, as set forth in:

(1) the Texas Health and Safety Code, § 594.011;

(2) §412.271(b) of this title (relating to Transfer of an Individual Between State MR Facilities);

(3) § 412.279 of this title (relating to Discharge from a State MR Facility of an Individual Who Moves to an Alternate Living Arrangement);

(4) § 412.280 of this title (relating to Administrative Discharges Initiated by a State MR Facility); or

(5) § 412.282 of this title (relating to Review by Local MRA of Individual in a Community Living Arrangement).

Notes

40 Tex. Admin. Code § 4.158

The provisions of this §4.158 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