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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 91HEARINGS UNDER THE ADMINISTRATIVE PROCEDURE ACT
RULE §91.3Contested Case Heard by SOAH

(a) SOAH hears a contested case arising from the following DADS programs, services or activities:

  (1) primary home care services;

  (2) community attendant services;

  (3) day activity and health services;

  (4) the Community-Based Alternatives Program;

  (5) the Community Living Assistance and Support Services Program;

  (6) the Deaf-Blind Multiple Disabilities Program;

  (7) the Medically Dependent Children Program;

  (8) the Consolidated Waiver Program;

  (9) social services authorized by Title XX of the Social Security Act (42 United States Code §§1397 - 1397f);

  (10) In-Home and Family Support services for a person without a diagnosis of mental retardation;

  (11) the Program of All-Inclusive Care for the Elderly;

  (12) licensure, certification, or contracting of a nursing facility, including a determination related to the Resource Utilization Group Classification System or other utilization review;

  (13) hospice services;

  (14) licensure or certification of an intermediate care facility for persons with mental retardation;

  (15) licensure of a nursing facility administrator;

  (16) licensure of an assisted living facility;

  (17) licensure of an adult daycare facility;

  (18) licensure of a home and community support services agency;

  (19) the nurse aide registry;

  (20) the nurse aide training and competency evaluation program;

  (21) the employee misconduct registry; and

  (22) the medication aide program.

(b) Before a contested case described in subsection (a) of this section is transferred to SOAH:

  (1) the HHSC Appeals Division has exclusive jurisdiction over the case;

  (2) 1 TAC Chapter 357, Subchapter I (relating to Hearings Under the Administrative Procedure Act) and this chapter govern the case; and

  (3) the parties may conduct discovery in accordance with 1 TAC Chapter 357, Subchapter I.

(c) The director of the HHSC Appeals Division transfers a contested case described in subsection (a) of this section to SOAH upon request for a hearing date by either party.

(d) SOAH conducts hearings in accordance with 1 TAC Chapter 155 (relating to Rules of Procedure) and this chapter.

(e) A SOAH ALJ issues a PFD in accordance with 1 TAC Chapter 155.

(f) If a party files exceptions to a PFD or a reply to exceptions, the party must comply with 1 TAC Chapter 155.


Source Note: The provisions of this §91.3 adopted to be effective January 27, 2011, 36 TexReg 278

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