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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 §745.8855Can I waive my right to a due process hearing?

(a) You will waive your right to a due process hearing by not requesting one according to §745.8839 of this title (relating to How do I request a due process hearing? and §745.8841 of this title (relating to Where do I send the written request for a due process hearing?). If you waive your right to a due process hearing by not requesting one according to the rules, our decision and/or action will be effective on the date after your time period for requesting a due process hearing expires unless the due process hearing was offered due to the designation of a controlling person. If so, see §745.907(b) of this title (relating to (What are the consequences of Licensing designating me as a controlling person?) to determine when the action is effective.

(b) If you want to expedite the decision and/or action, you may send us a written waiver of your right to the due process hearing before the 30-day timeframe has expired. Our decision or action will be effective on the date that we receive your written waiver.


Source Note: The provisions of this §745.8855 adopted to be effective March 1, 2002, 27 TexReg 965; amended to be effective January 1, 2007, 31 TexReg 9333

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