40 Tex. Admin. Code § 853.6 - Ineligibility Determination
(a) A
determination of ineligibility shall be based only on a substantive evaluation
of an applicant's completed and signed application, including all documentation
required to establish eligibility under §
853.5(a)
of this subchapter.
(b) Before
making a determination of ineligibility, OIB staff shall provide the applicant
or the applicant's representative, as appropriate, an opportunity to consult
with OIB staff. OIB staff shall notify the applicant, or the applicant's
representative, as appropriate, of an ineligibility determination. Notice shall
be provided in accessible format and through accessible methods, as required
under Texas Government Code §
2054.460.
The notice shall include the following:
(1) A
brief statement of the ineligibility determination, with reference to the
requirements under this chapter and any deficiencies;
(2) The mailing date of the
determination;
(3) An explanation
of the individual's right to an appeal;
(4) The procedures for filing an appeal with
the Agency, including applicable time frames;
(5) The right to have a hearing
representative, including legal counsel;
(6) How to contact the Texas CAP, which is
DRTx; and
(7) The address or fax
number to which the appeal must be sent.
(c) When appropriate, OIB staff may refer the
applicant to other agencies and facilities.
Notes
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