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RULE §357.526Advance Notice of Hearing

(a) The hearing officer sends the household member an advance notice of the hearing in sufficient time to allow receipt at least 30 calendar days before the scheduled hearing date. The notice is sent first class and certified mail, return-receipt requested, and marked "return service requested" to the address where the household member last received benefits. Delivery is not restricted to the addressee. The notice specifies the charges against the household member and a summary of the evidence (including how and where it may be examined). If the notice is returned showing a new address, it will be resent and the normal due process rules will be reapplied.

(b) Advance notice requirements are met when the notice is mailed to the most current mailing address available to any division within the department whether or not the certified or first class mail is returned. The hearing will be conducted.

  (1) If the returned notice shows a new address, another notice is mailed following the procedures in subsection (a) of this section, and the 90-day time requirement for issuing a decision begins again with the date that the second notice is mailed.

  (2) If the household member claims non-receipt of notice of the hearing, he has 30 days after the date of the written notice of the hearing decision to claim good cause for not appearing at the hearing. In all other instances, the household member has ten days to claim good cause for not appearing. If the household member is found to have committed an intentional program violation but a hearing officer later determines that good cause existed for not appearing, the previous decision shall no longer be valid and a new hearing will be conducted.

Source Note: The provisions of this §357.526 adopted to be effective February 1, 1994, 18 TexReg 9857; amended to be effective September 14, 1998, 23 TexReg 9410; amended to be effective September 14, 1998, 23 TexReg 9410; amended to be effective December 8, 1999, 24 TexReg 10894; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013

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