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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 4RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER DADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D
RULE §4.154General Principles

(a) An individual or LAR is entitled to request an administrative hearing to contest:

  (1) the conclusion of a determination of mental retardation conducted by a state MR facility or mental retardation authority, as provided by the Texas Health and Safety Code, §592.019;

  (2) the denial of an individual's or LAR's request to transfer or discharge the individual, as provided by the Texas Health and Safety Code, §594.012; or

  (3) a state MR facility's proposed transfer or discharge of an individual, as provided by the Texas Health and Safety Code, §594.014.

(b) An administrative hearing held under this subchapter is not a "contested case" under the Administrative Procedures Act, Texas Government Code, Chapter 2001.

(c) If the last day of a time period referenced in this subchapter is a Saturday, Sunday, or day on which TDMHMR's Central Office is closed, then the period extends through the end of the next day which is not a Saturday, Sunday, or day on which TDMHMR's Central Office is closed.


Source Note: The provisions of this §4.154 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

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