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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 4RIGHTS AND PROTECTION OF INDIVIDUALS RECEIVING INTELLECTUAL DISABILITY SERVICES
SUBCHAPTER DADMINISTRATIVE HEARINGS UNDER TEXAS HEALTH AND SAFETY CODE, TITLE 7, SUBTITLE D
RULE §4.160Hearing Officer's Decision

(a) Within 10 working days after the hearing, the hearing officer must send a written decision to all parties that includes:

  (1) findings of fact, the reasons for those findings, and conclusions of law;

  (2) a statement that to appeal the decision, a party must file an appeal with the county court of Travis County or county in which the individual resides within 30 calendar days of the date of the written decision; and

  (3) a statement that the decision is final on the 31st calendar day after the date of the written decision, unless an appeal is timely filed.

(b) A party may appeal the hearing officer's decision without filing a motion for rehearing with the hearing officer.

(c) An appeal is by trial de novo.

(d) A party may not take action on the hearing officer's decision if an appeal is filed.


Source Note: The provisions of this §4.160 adopted to be effective December 27, 2000, 25 TexReg 12785; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841

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