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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 415PROVIDER CLINICAL RESPONSIBILITIES--MENTAL HEALTH SERVICES
SUBCHAPTER GDETERMINATION OF MANIFEST DANGEROUSNESS
RULE §415.306Rights of the Individual
(a) The individual and LAR have the right to represent themselves at the hearing or to be represented by a spokesperson of their choice.

 (b) The individual and LAR and their spokesperson(s) have the right to:

  (1) be present at the hearing; and

   (2) examine before the date of the hearing:

    (A) the hearing documentation referenced as §415.307(3)(A) of this title (relating to Procedures and Requirements Specific to a Facility Review Board) unless an exception exists as provided by §415.307(3)(B) of this title; or

     (B) the hearing documentation referenced as §415.310(4)(A) of this title (relating to Procedures and Requirements Specific to the DSHS Dangerousness Review Board).

 (c) The individual and LAR or their spokesperson(s) have the right to:

  (1) present witnesses on the individual's behalf;

   (2) present evidence and establish all pertinent facts and circumstances;

   (3) present an argument on any issue involved;

   (4) cross-examine witnesses; and

   (5) respond to or refute any testimony or evidence.

 (d) The individual and LAR have the right to have each witness provide his/her testimony without other witnesses being present as described in §415.305(g)(4) of this title (relating to Procedures and Requirements for All Review Boards).
Source Note: The provisions of this §415.306 adopted to be effective July 17, 2002, 27 TexReg 6297; amended to be effective July 19, 2011, 36 TexReg 4567

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