<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 19DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
CHAPTER 745LICENSING
SUBCHAPTER MADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 2DUE PROCESS HEARINGS
RULE §745.8843What happens after I make a request for a due process hearing?

(a) After you request a due process hearing, we will ask the State Office of Administrative Hearings to appoint an administrative law judge to conduct proceedings necessary for him to make a final decision in the case.

(b) After the State Office of Administrative Hearings assigns a docket number to your case:

  (1) We will send you notice of the hearing, by regular and certified mail, to your last known address as shown by our records; or

  (2) If the Docket Clerk has received written notice of representation from an attorney who will be representing you at the hearing, we will send the notice of the hearing to the attorney in a manner allowed under the rules referenced in §745.8845 of this title (relating to How is a due process hearing conducted?).

(c) You are responsible for providing the Docket Clerk with written notification of any change in your address that occurs after you have requested a due process hearing.

(d) If you requested a hearing because we are going to release a Child Protective Services or Adult Protective Services finding that you abused or neglected a child, we may nullify your request if we decide not to release the finding to the operation. We may decide not to release the finding to the operation if we determine that you are no longer present at the operation. If we nullify your request for a hearing, you will retain your right to request a due process hearing in the event that we seek to release the finding in the future. We may not nullify your request for a hearing if:

  (1) We released the finding to the operation as set forth in §745.733 of this title (relating to Will Licensing release a central registry finding on a designated perpetrator or sustained perpetrator to my operation?); or

  (2) We are taking adverse action against your operation because of the finding.


Source Note: The provisions of this §745.8843 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective July 1, 2005, 30 TexReg 3597; amended to be effective January 1, 2007, 31 TexReg 9333

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