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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 1GENERAL RULES
RULE §101.917Reasonable Accommodations

(a) Any hearing or proceedings conducted under this subchapter shall be held, whenever feasible, by telephone (directly or by relay), but at a time and place reasonably accessible either to the appellant or the certificate holder and any witnesses, and convenient for parties. In considering the physical location of a hearing or proceeding, the impartial hearing officer considers, among other factors:

  (1) the suitability of any proposed facilities for a hearing, including such accommodations as the ability either of the appellant or the certificate holder and any witnesses to gain physical to the proceedings and facilities; and

  (2) the comparative distances and times required to travel from places of work or residence to a proposed hearing location by parties and witnesses.

(b) DARS shall, upon reasonable notice, provide the appellant with readers or interpreters. Reasonable notice shall be considered to be no fewer than five working days prior to the proceeding unless good cause for a shorter period shall exist in the judgment of the impartial hearing officer.

(c) A copy of a transcript prepared during hearing proceedings and all notices and documents are provided to the appellant in an accessible format upon request.


Source Note: The provisions of this §101.917 adopted to be effective March 12, 2012, 37 TexReg 1706

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