<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER FIN-HOME AND FAMILY SUPPORT PROGRAM
RULE §48.2710Right To Appeal

(a) Applicants have the right to appeal if they have been denied eligibility or have their benefits reduced, or for any other adverse action.

(b) An applicant must exercise his right to appeal within 90 calendar days from the effective date of the decision or from the notice of adverse action date, whichever is later.

(c) If a consumer is already receiving IH/FSP services and his benefits are denied or reduced, he must submit to the caseworker a request for a hearing within 12 calendar days from the date on the notification letter, to continue receiving services while the appeal is pending. He may be able to continue receiving the subsidy until the hearing is completed if the request is submitted within the 12-day time frame. If the results of the appeal agree with the denial or reduction of benefits, the consumer may be asked to pay back the amount of the subsidy provided during the appeal period.

(d) The caseworker must attend the hearing.


Source Note: The provisions of this §48.2710 adopted to be effective April 4, 1988, 13 TexReg 1393; amended to be effective May 1, 1990, 15 TexReg 1963; amended to be effective June 15, 1995, 20 TexReg 3735.

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page