<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 71INFORMATION PRACTICES
SUBCHAPTER DCORRECTING INFORMATION
RULE §71.404The Correction Review

(a) After getting a request for correction, the Texas Department of Human Services (DHS) will decide whether the information should be corrected. DHS will tell the individual about the decision in writing no later than 60 days after getting the request for correction.

(b) DHS may not destroy or change a record to make a correction. DHS will add the correct information to the record with the incorrect information and make a note that the correct information replaces the incorrect information.

(c) DHS will not look at information under this subchapter if DHS already looked at the information to decide whether it is correct under a different review process. Examples of other review processes include personnel grievance hearings, client fair hearings, formal appeals, informal dispute resolutions, and informal reconsiderations.

(d) If DHS gets the disputed information from a person other than the individual, DHS will not correct the information unless the other person agrees the information is wrong or DHS can determine that the information is wrong without help.


Source Note: The provisions of this §71.404 adopted to be effective April 14, 2003, 28 TexReg 2356

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