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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 2DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
CHAPTER 101ADMINISTRATIVE RULES AND PROCEDURES
SUBCHAPTER EAPPEALS AND HEARING PROCEDURES
DIVISION 2DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES
RULE §101.1007Filing a Request for Review

(a) Any applicant or eligible individual who is dissatisfied with a determination, as described in §101.1003 of this subchapter (relating to Legal Authority), made either by the Division for Blind Services or the Division for Rehabilitation Services may request a review of the determination. Although no prescribed form is required to file a request, preprinted forms for this purpose are maintained in every DARS office and are available upon request.

(b) The request for a review shall be filed in writing with the hearings coordinator, DARS Legal Services.

  (1) A request shall be considered filed on the day that it is received by the hearings coordinator.

  (2) Preprinted forms for this purpose are available upon request either from the hearings coordinator, DARS Legal Services, or from any DARS office.

(c) Upon receiving a request for review, the hearings coordinator, DARS Legal Services, shall, within five working days, mail the appellant:

  (1) the name, address, and phone number of the Client Assistance Program established under federal law;

  (2) the name of the impartial hearing officer appointed to hear the appeal, and the date, time, and place of any prehearing;

  (3) a copy of applicable hearing procedures; and

  (4) notice that the appellant has the right to request mediation procedures.

(d) Timeliness of a request for review. A request is considered timely if it is received by DARS no later than 180 days from the date of the determination that is the subject of an applicant's or eligible individual's request for review.


Source Note: The provisions of this §101.1007 adopted to be effective March 12, 2012, 37 TexReg 1706

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