| (a) A determination of ineligibility shall be based
only on a substantive evaluation of an applicant's completed and signed
application, including all documentation required to establish eligibility
under §853.5(a) of this subchapter (relating to Eligibility).
(b) Before making a determination of ineligibility,
OIB staff shall provide the applicant or the applicant's representative,
as appropriate, an opportunity to consult with OIB staff. OIB staff
shall notify the applicant, or the applicant's representative, as
appropriate, of an ineligibility determination. Notice shall be provided
in accessible format and through accessible methods and in compliance
with Texas Government Code §2054.460, if applicable. The notice
shall include the following:
(1) A brief statement of the ineligibility determination,
with reference to the requirements under this chapter and any deficiencies;
(2) The mailing date of the determination;
(3) An explanation of the individual's right to an
appeal;
(4) The procedures for filing an appeal with the Agency,
including applicable time frames;
(5) The right to have a hearing representative, including
legal counsel;
(6) How to contact the Texas CAP, which is DRTx; and
(7) The contact information to which the appeal must
be sent.
(c) When appropriate, OIB staff may refer the applicant
to other agencies and facilities.
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