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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 357HEARINGS
SUBCHAPTER AUNIFORM FAIR HEARING RULES
RULE §357.7Agency and Designee Responsibilities

(a) The agency must:

  (1) accept a request for a fair hearing submitted within 90 days from the date on the notice of agency action, or, under the Supplemental Nutrition Assistance Program, at any time during the SNAP certification period;

  (2) notify the HHSC Appeals Division within five days of the date the client expresses a desire to appeal; and

  (3) allow the client to appeal more than one action at the same time.

(b) The agency or the agency's representative or designee must:

  (1) allow the appellant to review the appeal procedures in HHSC's policies;

  (2) provide to the hearings officer and the appellant, at no cost, copies of all documentation and evidence to be used in the fair hearing;

  (3) appear at the scheduled hearing;

  (4) be prepared to explain and defend the decision or action taken against the appellant; and

  (5) implement the hearings officer's final order within the time limit specified in the relevant federal regulation.


Source Note: The provisions of this §357.7 adopted to be effective June 29, 2009, 34 TexReg 4292

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