The release hearing is conducted pursuant to the
Administrative Procedure and Texas Register Act, Texas Civil Statutes, Article
6252-13a. The administrative law judge decides whether to uphold the abuse,
neglect, or exploitation finding based on the evidence presented at the
hearing. He has no authority to overrule state or federal statutes, policies,
or regulations. The department has the burden of proof. The evidentiary
standards applicable at the hearing are the same as those set forth in the
program rules on which the finding or action is based.
Notes
40
Tex. Admin. Code §
730.1709
The provisions of
this §730.1709 adopted to be effective January 1, 1990, 14 TexReg 5937;
amended to be effective January 1, 1992, 16 TexReg 6764; amended to be
effective February 15, 1992, 17 TexReg 409; duplicated effective September 1,
1992, as published in the Texas Register September 11, 1992, 17 TexReg
6279.
