Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 44.
COMMUNITY CARE FOR AGED AND DISABLED PROJECT CHOICE
The Texas Department of Human Services (DHS) proposes to repeal all
the rules in Chapter 44, concerning Community Care for Aged and Disabled Project
CHOICE, §§44.1, 44.101-44.104, and 44.201-44.207. The purpose of
the repeals is to delete the administrative rules for two client services
programs that DHS operated as part of Project CHOICE (Consumers Have Options
for Independence in Community Environments). Project CHOICE ended when grant
funding ceased in 2000; the rules in Chapter 44 are, therefore, obsolete.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed repeals will be in effect, there will be no
fiscal implications for state or local government as a result of enforcing
or administering the repeals.
Bettye M. Mitchell, Deputy Commissioner for Long Term Care, has determined
that, for each year of the first five years the repeals are in effect, the
public benefit anticipated as a result of repealing the chapter will be to
have obsolete rule language eliminated from the rule base. There will be no
adverse economic effect on small or micro businesses, or businesses of any
size, as a result of repealing the chapter, because the rules being deleted
are no longer in use. There is no anticipated economic cost to persons who
are required to comply with the proposed repeals. There is no anticipated
effect on local employment in geographic areas affected by these repeals.
Questions about the content of this proposal may be directed to Randy Wyatt
at (512) 438- 4807 in DHS's Long Term Care/Client Eligibility section. Written
comments on the proposal may be submitted to Supervisor, Rules and Handbooks
Unit-064, Texas Department of Human Services E-205, P.O. Box 149030, Austin,
Texas 78714-9030, within 30 days of publication in the
Texas Register
.
Pursuant to §2007.003(b) of the Government Code, DHS has determined
that Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
DHS is not required to complete a takings impact assessment regarding these
rules.
Subchapter A. DEFINITIONS
40 TAC §44.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources
Code, Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs, and under the Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The repeal implements the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
§44.1.Definitions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 27, 2003.
TRD-200300655
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.101 - 44.104
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs, and under the Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The repeals implement the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
§44.101.Transition to Life in the Community Client Eligibility Criteria.
§44.102.Application for Transition to Life in the Community Benefits.
§44.103.Transition to Life in the Community Program Benefits.
§44.104.Transition to Life in the Community Client Rights.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 27, 2003.
TRD-200300656
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.201 - 44.207
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs, and under the Government Code, §531.021, which provides
the Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The repeals implement the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
§44.201.Client Eligibility Criteria for Project CHOICE Presumptive Eligibility Services.
§44.202.Period of Presumptive Eligibility.
§44.203.Presumptive Eligibility Program Benefits.
§44.204.Authorization of Presumptive Eligibility Services.
§44.205.Initiation of Presumptive Eligibility Services.
§44.206.Provider Billing for Presumptive Eligibility Services.
§44.207.Provider Refusal to Deliver Presumptive Eligibility Services.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 27, 2003.
TRD-200300657
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 438-3734
Subchapter E. SUPPORT DOCUMENTS
40 TAC §47.5902
The Texas Department of Human Services (DHS) proposes to
amend §47.5902, concerning reimbursement methodology for primary home
care and family care services, in its Primary Home Care chapter. The purpose
of the amendment is to modify the reimbursement methodology for Primary Home
Care and Family Care (PHC/FC) Services to combine two cost areas into a single
cost area for reimbursement payment determination.
The Texas Health and Human Services Commission (HHSC) is proposing related
policy in its Chapter 355 in this issue of the
Texas
Register
.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed section will be in effect, there will be fiscal
implications for state government as a result of enforcing or administering
the section. There will be no fiscal implications for local government as
a result of enforcing or administering the section.
The estimated fiscal impact for the first five-year period the section
is in effect is subject to the availability of funds in state fiscal years
(SFY) 2004-2008. The total fiscal impact based on state and federal funding
is estimated at $9,226,414 in SFY 2004; $10,003,049 in SFY 2005; $10,003,049
in SFY 2006; $10,003,049 in SFY 2007; and $10,003,049 in SFY 2008. Of the
total, the impact on state funding is an estimated $4,088,168 in SFY 2004;
$4,404,857 in SFY 2005; $4,404,857 in SFY 2006; $4,404,857 in SFY 2007; and
$4,404,857 in SFY 2008. Of the total, the estimated federal cost is $5,138,246
in SFY 2004; $5,598,192 in SFY 2005; $5,598,192 in SFY 2006; $5,598,192 in
SFY 2007; and $5,598,192 in SFY 2008.
Bettye M. Mitchell, Deputy Commissioner for Long Term Care, has determined
that, for each year of the first five years the section is in effect, the
public benefit anticipated as a result of enforcing the section will be that
more providers will have their allowable costs covered by the unit rates for
this program. There will be no adverse economic effect on small or micro businesses
as a result of enforcing or administering the section, because the amendment
ensures that more providers will have their allowable costs covered by the
unit rates for this program. There is no anticipated economic cost to persons
who are required to comply with the proposed section. There is no anticipated
effect on local employment in geographic areas affected by this section.
Questions about the content of this proposal may be directed to Carolyn
Pratt at (512) 685- 3127 in HHSC's Rate Analysis Department. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-072,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to this rule. Accordingly,
DHS is not required to complete a takings impact assessment regarding this
rule.
The amendment is proposed under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Government Code, §531.021, which provides HHSC with
the authority to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
§47.5902.Reimbursement Methodology for Primary Home Care and Family Care Services.
(a)
General requirements. [
(b)
(No change.)
(c)
Reimbursement determination. Reimbursement is determined
in the following manner.
(1)
Cost determination by cost area. Allowable costs are combined
for Primary Home Care and Family Care into
three
[
(A)
Service support
[
(B)-(C)
(No change.)
[
(2)
Recommended reimbursement by cost area. For the
service
support
cost
area
[
(A)
(No change.)
(B)
Projected cost per unit of service. To determine the projected
cost per unit of service for each provider agency, the total projected allowable
costs for
the service support
[
(C)
Projected cost arrays. All provider agencies' projected
allowable costs per unit of service are rank ordered from low to high, along
with each provider agency's corresponding
total
units of service
[
(D)
Recommended reimbursement for
the service support
[
(3)-(4)
(No change.)
(d)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 27, 2003.
TRD-200300660
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 438-3734
Chapter 104.
DUE PROCESS HEARINGS, AND MEDIATION BY APPLICANTS/CLIENTS OF DETERMINATIONS BY AGENCY PERSONNEL THAT AFFECT THE PROVISION OF VOCATIONAL REHABILITATION SERVICES
The Texas Rehabilitation Commission (TRC) proposes to amend Chapter
104 of Title 40, Texas Administrative Code, concerning due process hearings
and mediation. This proposal amends §§104.1-104.3, repeals §§104.4-104.9
and adds new §§104.4-104.8. The change is being proposed to eliminate
the distinction between formal and informal appeal procedures, and to re-designate
the procedures as "due process hearings" in accordance with terminology in
final rules effective January 22, 2001 issued by the Office of Special Education
and Rehabilitative Services, US Department of Education, published at 34 CFR §361.57.
Bill Wheeler, Deputy Commissioner for Financial Services, has determined
that for the first five-year period the section is in effect, there will be
no material fiscal implications for state or local government.
Mr. Wheeler also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be the agency's compliance with Chapter 111, Human Resources
Code. There will be no material effect on small businesses. There is no material
anticipated economic cost to persons who are required to comply with the section
as proposed. In accordance with Government Code section 2001.022, TRC has
determined that the proposed rule will not affect a local economy. There will
be no effect to small or micro businesses.
Comments on the proposal may be submitted to Roger Darley, Deputy General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
40 TAC §§104.1 - 104.3
The amendments are proposed under the Texas Human Resources
Code, Title 7, Chapter 111, §111.018 and §111.023, which provides
the Texas Rehabilitation Commission with the authority to promulgate rules
consistent with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§104.1.Purpose and Scope.
(a)
Purpose. The purpose of these rules is to provide the Texas
Rehabilitation Commission with a system for the institution, conduct, and
determination of
"due process hearings"
[
(b)
Statutory Authority. These rules are created pursuant to
the Rehabilitation Act of 1973, as amended, 29 United States Code Annotated
(USCA) §§701 et seq. and Department of Education Regulations at
34 Code of Federal Regulations (CFR), Part 361. Federal laws and regulations
prevail over state laws and regulations. The Administrative Procedure Act,
Texas Government Code Annotated, §§2001.001 et seq. does not apply
to client administrative
due process
hearings which are conducted
pursuant to federal law.
(c)
Scope.
(1)
This chapter applies to client (applicant) appeals, mediations,
and
due process
hearings before the Texas Rehabilitation Commission.
(2)
These rules shall be construed to insure fair and expeditious
determinations.
(3)
These rules supplement the procedures required by law.
§104.2.Definitions.
The following words and terms, when used in this section, shall have
the following meaning, unless the context clearly indicates otherwise.
(1)
Act--The Rehabilitation Act of 1973 as amended, 29 United
States Code §701 et seq.
(2)
Appellant--An individual who has filed a petition for
a due process
[
(3)
Applicant--An individual who has applied for services under
the Act, but for whom an eligibility determination has not been made.
(4)
Authorized representative--An attorney authorized to practice
law in the State of Texas and/or a person designated by the applicant or client
to represent them.
(5)
Client--An individual who has been determined to be eligible
for services by the commission pursuant to the Act and commission rules. As
used in these rules, unless specifically denoted, the terms "client" and "applicant"
are synonymous.
(6)
Client Assistance Program (CAP)--The program created by
the Act which provides assistance in informing and advising clients and applicants
of all available benefits under the Act. CAP provides assistance and advocacy
in pursuing legal, administrative, or other appropriate remedies to ensure
protection of the client's rights under the Act if requested by the client
or the client's authorized representative.
(7)
Commission--The Texas Rehabilitation Commission (TRC),
its officers and agents.
(8)
Commissioner --The commissioner of the Texas Rehabilitation
Commission.
(9)
Appeal
[
(10)
Hearing
, Due Process Hearing
--A
formal
due process
hearing
[
(11)
Hearing completion date--The date set by the impartial
hearing officer which closes the period during which the parties may submit
further evidence into the record or the date the impartial hearing officer
receives the hearing transcript, whichever is later.
(12)
Impartial hearing officer (IHO)--Individual who is selected
on a random basis and is appointed by the commissioner to hear
an
[
(13)
Informal appeal or review--A communication or series of
communications between a client and a Commission official which seeks to resolve
the client's dissatisfaction with any determination made by a vocational rehabilitation
counselor or commission official concerning the furnishing or denial of services.
(14)
Mediation--A voluntary process by which applicants and
eligible individuals who have requested appeals may attempt resolution of
disputes with TRC involving determinations affecting the provision of vocational
rehabilitation services through the use of a trained mediator.
(15)
Office for Administrative Hearings and Subrogation--An
office of the Texas Rehabilitation Commission which provides, among other
functions, administrative support to the impartial hearing officer during
the [
(16)
Party--An individual or agency named or admitted to participate
in a
due process hearing
[
(17)
Record--The official record of a
due process hearing
[
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
§104.3.General Provisions.
(a)
General. The
due process hearing
[
(1)
applicants for vocational rehabilitation services; and
(2)
clients.
(b)
Jurisdiction.
(1)
The Impartial Hearing Officer acquires jurisdiction over
a case after a client files a Petition for
Due Process
[
(2)
A Petition for
Due Process
[
(3)
The IHO's authority is limited to a review of a client's
dissatisfaction with the furnishing or denial of services by personnel of
the Commission. The IHO does not have authority to:
(A)
change or alter rules, policies, or procedures of the Commission;
(B)
hear alleged violations of the Americans with Disabilities
Act, §504 of the Act, or other federal laws; or
(C)
hear or decide class actions.
(c)
Conduct and Decorum. Appropriate conduct and decorum shall
be maintained and enforced by the IHO. Every party, witness, attorney, or
other representative shall participate in all proceedings with proper dignity,
courtesy, and respect for the Commission, the IHO, and all other parties.
Attorneys and other representatives or parties shall observe and practice
a high standard of ethical behavior.
(d)
Computation of Time.
(1)
Unless otherwise required by law in computing any period
of time prescribed or allowed by these rules, the date of the act, event,
or default after which the designated period of time begins to run is not
to be included. The last day of the period so computed is to be included,
unless such day is a Saturday, Sunday, or legal holiday, in which event the
period runs until the end of the next day which is neither a Saturday, Sunday,
nor legal holiday. Unless specifically stated otherwise, "days" as used in
these policies refer to calendar days.
(2)
Unless otherwise provided by statute, the time for filing
any pleading may be extended by order of the IHO at the request of any party
upon written motion duly filed with the Office for Administrative Hearings
and Subrogation prior to the expiration of the applicable period of time for
the filing of same. Said motion shall include a showing that there is good
cause for such extension of time and that the need therefor is not caused
by neglect, indifference, or lack of diligence of the movant. A copy of any
such motion shall be served upon all other parties of record to the proceeding
contemporaneously with the filing thereof. Any party may file written pleadings
contesting a motion to extend which shall be served upon all other parties
contemporaneously with the filing thereof.
(3)
The date upon which a pleading or motion is filed is the
date on which it is received and date-stamped by the Office for Administrative
Hearings and Subrogation.
(e)
Appearances and right to representation. Any party may
appear on his/her own behalf or may be represented by an attorney at law in
good standing with the State Bar of Texas or by an authorized representative.
The IHO may require any person appearing in a representative capacity to provide
such evidence of his authority as the IHO may deem necessary.
(f)
Notification.
(1)
An applicant or eligible individual or, as appropriate,
the individual's representative will be provided notice of the right to obtain
review of TRC determinations that affect the provision of vocational rehabilitation
services through an impartial due process hearing under
§104.4
[
(2)
The IHO shall issue notice of the date, time, and location
for the hearing.
(g)
Evidence and representation. An applicant or an eligible
individual, or, as appropriate, the applicant's representative or individual's
representative, will be provided with an opportunity to submit at the mediation
session or hearing evidence and information to support the position of the
applicant or eligible individual, and may be represented in the mediation
session or hearing by a person selected by the applicant or eligible individual.
(h)
Hearings.
(1)
Hearing officer. A due process hearing shall be conducted
by an impartial hearing officer who shall issue a decision based on the provisions
of the approved state plan, the Rehabilitation Act if 1973, as amended (including
regulations implementing the Act), and state regulations and policies that
are consistent with the Rehabilitation Act and its implementing regulations.
The impartial hearing officer shall provide the decision in writing to the
applicant or eligible individual, or, as appropriate, the applicant's representative
or individual's representative, and to the commission.
(2)
List. The commission will maintain a list of qualified
impartial hearing officers who are knowledgeable in laws (including regulations)
relating to the provision of vocational rehabilitation services under the
Rehabilitation Act of 1973, as amended, from which hearing officers will be
selected. For the purposes of maintaining such list, impartial hearing officers
shall be identified jointly by the Commission, and by members of the Rehabilitation
Council of Texas.
(3)
Selection. An impartial hearing officer shall be selected
to hear a particular case relating to a determination on a random basis.
(i)
Confidentiality. All personal information regarding applicants
or clients in the possession of the commission must be used only for purposes
directly connected with the administration of the Act. Information may not
be shared with advisory or other bodies which do not have official responsibility
for administration of the Act.
(j)
Testimony under oath or affirmation. In any hearing, the
IHO shall administer an oath or affirmation before permitting testimony from
any witness.
(k)
Class actions. Class actions are not permitted under these
rules.
(l)
Reasonable accommodation. The commission shall provide
reasonable accommodation to the client or other individuals with disabilities,
upon request, for purposes of the appeal process as required by the Americans
with Disabilities Act of 1990, 42 United States Code §12101 et seq. and
the Act, §504.
(m)
Stay of official acts or services. A request for [
(n)
Limitations on number of witnesses. The IHO has the right
in any proceeding under these rules to limit the number of witnesses whose
testimony will be repetitious and to set time limits in order to exclude irrelevant,
immaterial, or unduly repetitious testimony, so long as all viewpoints are
given a reasonable opportunity to be heard.
(o)
Mileage and Witness fees.
(1)
An individual who is not an employee of TRC and who is
subpoenaed or otherwise compelled to attend any hearing or proceeding to give
testimony or to produce documents is entitled to receive:
(A)
mileage, in the same amount per mile as the mileage travel
allowance for state employees, for traveling to and returning from the place
of the hearing or the place where the deposition is taken, if the place is
more than 25 miles from the individual's place of residence; and
(B)
a fee of not less than $10 a day for each day or part of
a day the individual is required to be present or a fee equal to the per diem
and travel allowances of a state employee, if an overnight stay is required.
(2)
Mileage and fees to which a witness is entitled under this
rule shall be paid by the party at whose request the individual appears or
at whose request the deposition is taken.
(p)
Impact on provision of services. Unless the individual
with a disability so requests, or, in an appropriate case, the individual's
representative so requests, pending a decision by a mediator or impartial
hearing officer under subsection (h)(1) of this section or
§104.5
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 27, 2003.
TRD-200300651
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-4050
40 TAC §§104.4 - 104.9
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Rehabilitation Commission or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§104.4.Informal Appeal.
§104.5.Formal Appeal and Mediation.
§104.6.Motion for Reconsideration.
§104.7.Finality of the Decision of the Commission.
§104.8.Civil Action/Judicial Review.
§104.9.Time for Hearing.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on January 27, 2003.
TRD-200300652
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-4050
40 TAC §§104.4 - 104.8
The new sections are proposed under the Texas Human Resources
Code, Title 7, Chapter 111, §111.018 and §111.023, which provides
the Texas Rehabilitation Commission with the authority to promulgate rules
consistent with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§104.4.Due Process Hearings and Mediation.
(a)
The due process hearing appeal commences with the filing
of a Petition for Due Process Hearing with the Office for Administrative Hearings
and Subrogation.
(b)
Role of Office for Administrative Hearings and Subrogation.
Upon receipt of the Petition for Due Process Hearing, the Office for Administrative
Hearings and Subrogation shall:
(1)
acknowledge receipt of the petition for due process hearing
(via certified mail, return receipt requested) and advise the appellant of
the availability of the Client Assistance Program, including the address and
telephone number;
(2)
date-stamp the Petition and record a docket control number
for the appeal;
(3)
select the impartial hearings officer (IHO), who is appointed
by the commissioner, on a random basis from a pool of qualified persons identified
jointly by TRC and the Rehabilitation Council of Texas in accordance with
the Rehabilitation Act and forward a copy of the Petition for Due Process
Hearing to the IHO;
(4)
forward a copy of the Petition for Due Process Hearing
to the Office of the General Counsel, Deputy Commissioner for Rehabilitation
Services and Commission Representative immediately upon receipt;
(5)
provide administrative support to the IHO:
(A)
serve as the custodian of records for all documents, motions,
and pleadings directed to the IHO;
(B)
coordinate and schedule all dates, meetings, hearings;
(C)
make all necessary arrangements for the due process hearing:
(i)
schedule and set up the hearing location;
(ii)
if required, retain the services of a certified shorthand
reporter to prepare a transcript of the proceedings;
(iii)
provide any requested reasonable accommodations;
(6)
compile and maintain the official record of the appeal;
(7)
accompany IHO to prehearing conference, administrative
hearing and provide necessary assistance during the proceedings;
(c)
Mediation.
(1)
An applicant or eligible individual and the State may elect
to resolve disputes involving TRC determinations that affect the provision
of vocational rehabilitation services through a mediation process whenever
an applicant or eligible individual or, as appropriate, the individual's representative
requests an impartial due process hearing under this section.
(2)
The following apply to mediation.
(A)
Participation in the mediation process is voluntary on
the part of the applicant or eligible individual, as appropriate, and on the
part of TRC;
(B)
Use of the mediation process will not be used to deny or
delay the applicant's or eligible individual's right to pursue resolution
of the dispute through an impartial hearing held within the time period specified
in section 104.8 of this chapter, or any other rights provided under this
chapter. At any point during the mediation process, either party or the mediator
may elect to terminate the mediation. In the event mediation is terminated,
either party may pursue resolution through an impartial hearing;
(C)
The mediation process will be conducted by a qualified
and impartial mediator who is not an employee of a public agency (other than
an administrative law judge, hearing examiner, employee of a State office
of mediators, or employee of an institution of higher education); is not a
member of the Rehabilitation Council of Texas; has not been involved previously
in the vocational rehabilitation of the applicant or eligible individual;
is knowledgeable of the vocational rehabilitation program and the applicable
Federal and State laws, regulations, and policies governing the provision
of vocational rehabilitation services; has been trained in effective mediation
techniques consistent with any State-approved or -recognized certification,
licensing, registration, or other requirements; and has no personal, professional,
or financial interest that would be in conflict with the objectivity of the
individual during the mediation proceedings. An individual serving as a mediator
is not considered to be an employee of the designated State agency or designated
State unit for the purposes of this definition solely because the individual
is paid by the designated State agency or designated State unit to serve as
a mediator. The mediator will be selected from a list of qualified and impartial
mediators maintained by the TRC on a random basis; or by agreement between
TRC and the applicant or eligible individual or, as appropriate, the individual's
representative; or in accordance with a procedure established by TRC for assigning
mediators which ensures the neutrality of the mediator assigned.
(D)
Mediation sessions will be scheduled and conducted in a
timely manner and will be held in a location and manner that is convenient
to the parties to the dispute.
(3)
Discussions that occur during the mediation process will
be kept confidential and may not be used as evidence in any subsequent due
process hearings or civil proceedings, and the parties to the mediation process
may be required to sign a confidentiality pledge prior to the commencement
of the process.
(4)
An agreement reached by the parties to the dispute in the
mediation process will be described in a written mediation agreement that
is developed by the parties with the assistance of the qualified and impartial
mediator and signed by both parties. Copies of the agreement will be sent
to both parties.
(5)
The costs of the mediation process will be paid by TRC.
However, TRC will not pay for any costs related to the representation of an
applicant or eligible individual by counsel or other advocate selected by
the applicant or eligible individual.
(d)
Impartial Hearing Officer.
(1)
Qualifications. The IHO:
(A)
cannot be an employee of a public agency;
(B)
cannot be a member of the Rehabilitation Council of Texas
(the Act, §105, as amended in 1992); and
(C)
must have knowledge of the delivery of vocational rehabilitation
services, the state plan under the Act, §101, the federal regulations,
and commission rules governing the provision of such services and training
with respect to the performance of official duties;
(D)
must not have been involved in previous decisions regarding
the vocational rehabilitation of the applicant or client;
(E)
must have no personal or financial interest that would
conflict with his/her objectivity;
(F)
must have successfully completed impartial hearings training
presented by the commission; and
(G)
must not be a client of TRC.
(2)
Powers and Duties.
(A)
The IHO shall have the authority and duty to:
(i)
conduct a full, fair, and impartial hearing;
(ii)
take action to avoid unnecessary delay in the disposition
of the proceeding;
(iii)
maintain order; and
(iv)
permit deviations from the rules and procedures prescribed
in subsections (f)-(j) of this section, except subsection (j)(4)(F), in the
interest of justice or to expedite the proceedings. If prior to adjournment
of a hearing either party disagrees with a ruling or otherwise so requests,
the IHO shall include in the written record a justification, and an explanation
of how the decision is in the interest of justice and/or reasonably necessary
to expedite the proceedings. Actions taken under this subsection shall be
limited to procedural matters, and no party shall lose any substantive rights.
(B)
The IHO shall have the power to regulate the course of
the hearing and the conduct of the parties and authorized representative(s),
including the power to:
(i)
administer oaths;
(ii)
take testimony;
(iii)
rule on questions of evidence;
(iv)
rule on discovery issues;
(v)
issue orders relating to hearing and prehearing matters,
including orders granting permission to subpoena witnesses and imposing sanctions
regarding discovery;
(vi)
limit irrelevant, immaterial, and unduly repetitious testimony
and reasonably limit the time for presentations;
(vii)
admit or deny party status;
(viii)
grant continuance(s);
(ix)
require parties to submit legal memoranda, proposed findings
of fact, and conclusions of law;
(x)
make findings of fact and conclusions of law; and
(xi)
issue decisions.
(C)
An IHO shall disqualify him/herself if the IHO has directly
or indirectly had prior involvement with any issues that are the basis for
the hearing, or if the IHO has a personal relationship or familial relationship
with any party or witness.
(D)
Substitution of impartial hearing officers.
(i)
If for any reason an IHO is unable to continue presiding
over a pending hearing or issue a decision after the conclusion of the hearing,
another IHO may be designated as a substitute in accordance with applicable
law and these rules.
(ii)
The substitute IHO may use the existing record and need
not repeat previous proceedings, but may conduct further proceedings as necessary
and proper to conclude the hearing and render a decision.
(e)
Ex Parte Communications. Unless required for the disposition
of ex parte matters authorized by law, the IHO may not communicate, directly
or indirectly, in connection with any issue of fact or law with the commissioner
or any party or a party's representative, except upon notice to all parties.
(f)
Prehearing Procedures.
(1)
Prehearing Conference(s).
(A)
When appropriate, the IHO may hold a prehearing conference
to resolve matters preliminary to the hearing.
(B)
A prehearing conference may be convened to address preliminary
matters including the following listed in clauses (i)-(xv) of this subparagraph:
(i)
issuance of subpoenas;
(ii)
factual and legal issues;
(iii)
stipulations;
(iv)
clarification of the issues at the discretion of the IHO;
(v)
requests for official notice;
(vi)
identification and exchange of documentary evidence;
(vii)
admissibility of evidence;
(viii)
identification and qualification of witnesses;
(ix)
motions;
(x)
discovery disputes;
(xi)
order of presentation;
(xii)
scheduling;
(xiii)
settlement conferences;
(xiv)
mediation; and
(xv)
such other matters as will promote the orderly and prompt
resolution of the issues and conduct of the hearing.
(C)
Among other matters, as stated in subsection (b) of this
section, an IHO may order:
(i)
that the parties jointly discuss the prospects of settlement
or stipulations or other dispute resolution methods approved herein and be
prepared to report thereon at the prehearing conference;
(ii)
that the parties file and be prepared to argue preliminary
motions at the prehearing conference;
(iii)
that the parties be prepared to specify the controlling
factual and legal issues in the case at the prehearing conference; and
(iv)
that the parties make a concise statement of undisputed
facts and issues at the prehearing conference.
(D)
All or part of the prehearing conference may be recorded
or transcribed.
(E)
The IHO may, after acquiring jurisdiction, issue an order
requiring a prehearing "statement of the case." The parties shall file a statement
specifying the party's present position on any or all of the following listed
in clauses (i)-(v) of this subparagraph as required by the IHO. Parties shall
supplement this statement on a timely basis. The statement may include:
(i)
the disputed issues or matters to be resolved;
(ii)
a brief statement of the facts or arguments supporting
the party's position in each disputed issue or matter;
(iii)
a list of facts or exhibits to which a party will stipulate;
and
(iv)
a list of the witnesses which each party intends to call
at the hearing, including a designation of each as either a fact or expert
witness, and a brief statement summarizing the testimony and/or opinions (experts)
of each witness.
(2)
Prehearing Orders.
(A)
The IHO may issue a prehearing order reciting the actions
taken or to be taken with regard to any matter addressed at the prehearing
conference.
(B)
The prehearing order shall be a part of the hearing record.
(C)
If a prehearing conference is not held, the IHO may issue
a prehearing order to regulate the conduct of the proceedings of the formal
hearing.
(3)
Stipulations.
(A)
The parties, by stipulation, may agree to any substantive
or procedural matter.
(B)
A stipulation shall be filed in writing or entered on the
record at the prehearing (or hearing).
(C)
The IHO may require additional development of stipulated
matters.
(g)
Pleadings.
(1)
In a due process hearing all pleadings, including the Petition
for Due Process Hearing, shall contain:
(A)
the name of the party making the pleading;
(B)
the names of all other known parties;
(C)
a concise statement of the facts alleged and relied upon;
(D)
a statement of the type of relief, action, or order desired;
(E)
any other matter required by law;
(F)
a certificate of service, as required by these rules; and
(G)
the signature of the party making the pleading or the party's
authorized representative.
(2)
Any pleading filed for a due process hearing may be amended
up to 14 days prior to the hearing. Amendments filed after that time will
be accepted at the discretion of the IHO.
(3)
Any pleading may adopt and incorporate, by specific reference
thereto, any part of any document or entry in the official files and records
of the Commission. All pleadings relating to any matter pending before the
Commission shall be filed with the IHO through the Office for Administrative
Hearings and Subrogation.
(4)
All pleadings shall be typed or printed on 8 1/2 by 11
inch paper with a one-inch margin. Reproductions are acceptable, provided
all copies are clear and permanently legible.
(5)
Pleadings shall contain the name, address, and telephone
number of the party filing the document or the name, telephone number, and
business address of the authorized representative.
(6)
The party or the party's designated representative filing
the pleading shall include a signed certification that a true and correct
copy of the pleading has been served on every other party.
(h)
Dismissal. After giving notice and hearing, the IHO may
upon the motion of any party or the IHO's own motion, dismiss the appeal upon
showing of any one of the following:
(1)
failure to prosecute;
(2)
unnecessary duplication of proceedings or res judicata;
(3)
withdrawal;
(4)
moot questions;
(5)
lack of jurisdiction;
(6)
failure to raise a material issue in the pleading;
(7)
failure of a party to appear at a scheduled hearing.
(i)
Motions.
(1)
Unless otherwise provided by these rules, the following
shall apply.
(A)
A party may move for appropriate relief before or during
a hearing.
(B)
A party shall submit all motions in writing or orally at
a hearing.
(C)
Written motions shall:
(i)
be filed no later than 15 days before the date of the hearing,
except where good cause is stated in the motion, the IHO may permit a written
motion subsequent to that time;
(ii)
state concisely the question to be determined;
(iii)
be accompanied by any necessary supporting documentation;
and
(iv)
be served on each party.
(D)
An answer to a written motion shall be filed on the earlier
of:
(i)
seven days after receipt of the motion; or
(ii)
on the date of the hearing.
(E)
On written notice to all parties or with telephone consent
of all parties, the IHO may schedule a conference to consider a written motion.
(F)
The IHO may reserve ruling on a motion until after the
hearing.
(G)
The IHO may issue a written decision or state the decision
on the record.
(H)
If a ruling on a motion is reserved, the ruling shall be
in writing and may be included in the IHO's decision.
(I)
The filing or pendency of a motion does not alter or extend
any time limit otherwise established by these rules.
(2)
Continuance(s) may be granted by the IHO in accordance
with applicable law. Motions for continuances shall be in writing or stated
in the record and shall set forth the specific grounds upon which the party
seeks the continuance.
(3)
Unless made during a prehearing or hearing, a party seeking
a continuance, cancellation of a scheduled proceeding, or extension of an
established deadline must file such motion no later than 10 days before the
date or deadline in question. A motion filed less than 10 days before the
date or deadline in question must contain a certification that the movant
contacted the other party(ies) and whether or not it is opposed by any party(ies).
Further, if a continuance to a certain date is sought, the motion must include
a proposed date or dates and must indicate whether the party(ies) contacted
agree on the proposed new date(s).
(j)
Hearing.
(1)
The IHO shall set the date and time for the hearing. The
location shall be the Commission's regional or area office nearest the Appellant's
residence or as agreed to by the parties.
(2)
Order of procedure at the hearing.
(A)
The appellant may state briefly the nature of the claim
or defense, what the appellant expects to prove, and the relief sought. Immediately
thereafter, the respondent may make a similar statement, and any other parties
will be afforded similar rights as determined by the IHO. Each party is allowed
10 minutes for such statement.
(B)
Evidence shall then be introduced by the appellant. The
respondent and any other parties shall have the opportunity to cross-examine
each of the appellant's witnesses.
(C)
Cross-examination is not limited solely to matters raised
on direct examination. Parties are entitled to redirect and recross-examination.
(D)
Unless the statement has already been made, the respondent
may briefly state the nature of the claim or defense, what the respondent
expects to prove, and the relief sought.
(E)
Evidence, if any, shall be introduced by the respondent.
The appellant and any other parties shall have the opportunity to cross-examine
each of the respondent's witnesses.
(F)
Any other parties may make statements and introduce evidence.
The appellant and respondent shall have opportunity to cross-examine the other
parties' witnesses.
(G)
The parties may present rebuttal evidence.
(H)
The parties may be allowed closing statements at the discretion
of the IHO.
(I)
The IHO may permit deviations from this order of procedure
in the interest of justice or to expedite the proceedings.
(J)
Parties shall provide four copies of each exhibit offered.
(3)
No evidence shall be admitted which is irrelevant, immaterial,
or unduly repetitious.
(4)
Documentary evidence and official notice.
(A)
Documentary evidence may be received in the form of copies
or excerpts if the original is not readily available. On request, parties
shall be given an opportunity to compare the original and the copy or excerpts.
(B)
When numerous similar documents which are otherwise admissible
are offered into evidence, the IHO may limit the documents received to those
which are typical and representative. The IHO may also require that an abstract
of relevant data from the documents be presented in the form of an exhibit,
provided that all parties of record or their representatives be given the
right to examine the documents from which such abstracts were made.
(C)
The following laws, rules, regulations, and policies are
officially noticed:
(i)
the Rehabilitation Act of 1973, as amended, 29 United States
Code, §701 et seq.;
(ii)
Department of Education regulations, 34 Code of Federal
Regulations, Part 361;
(iii)
Texas Human Resources Code, Title 7, §111 et seq.;
(iv)
TRC State Plan for Vocational Rehabilitation Services;
(v)
TRC Rehabilitation Services Manual; and
(vi)
TRC Administrative Policies and Procedures Manual.
(D)
Exhibits.
(i)
Exhibits shall not exceed 8 1/2 by 11 inches (unless they
are folded to that size). Maps, drawings, and other exhibits which are not
the required size shall be rolled or folded so as not to unduly encumber the
record. Exhibits not conforming to this rule may be excluded.
(ii)
Exhibits shall be limited to facts material and relevant
to the issues involved in a particular proceeding.
(iii)
The original of each exhibit offered shall be tendered
to the court reporter for identification.
(iv)
In the event an exhibit has been identified, objected
to, and excluded, the IHO shall determine whether or not the party offering
the exhibit withdraws the offer, and, if so, permit the return of the exhibit.
If the excluded exhibit is not withdrawn it shall be given an exhibit number
for identification, shall be endorsed by the IHO with a ruling, and shall
be included in the record for the only purpose of preserving the exception.
(E)
Offer of proof. When testimony on direct examination is
excluded by ruling of the IHO, the party offering such evidence shall be permitted
to make an offer of proof by dictating or submitting in writing the substance
of the proposed testimony prior to the conclusion of the hearing. The IHO
may ask such questions of the witness as deemed necessary to satisfy that
the witness would testify as represented in the offer of proof.
(5)
Failure to attend hearing and default. If, after receiving
notice of a hearing, a party fails to attend a hearing, the IHO may proceed
in that party's absence and, where appropriate, may issue a decision against
the defaulting party.
(k)
Impartial Hearing Officer Decision.
(1)
Within 30 days of the hearing completion date, the IHO
shall issue a decision based on the provisions of the approved State plan,
the applicable regulations, and the Act which shall contain separately stated:
(A)
findings of fact;
(B)
conclusions of law; and
(C)
decision.
(2)
The Office for Administrative Hearings and Subrogation
shall submit the IHO opinion to the Commissioner with a copy to each party.
§104.5.Motion for Reconsideration.
Either party to a hearing may file a motion for reconsideration with
the Office for Administrative Hearings and Subrogation within 20 days after
issuance of the decision of the impartial hearing officer. The motion for
reconsideration must specify the matters in the decision of the impartial
hearing officer which the party considers to be erroneous. Any response to
the motion for reconsideration must be filed no later than seven days after
service of the motion. The impartial hearing officer shall rule on the motion
for reconsideration no later than 15 days after receipt of the motion. If
the motion is granted, the IHO shall issue a decision upon reconsideration
within an additional 15 days. If the impartial hearing officer fails to rule
on the motion for reconsideration within 15 days, the motion is denied as
a matter of law.
§104.6.Finality of the Decision of the Commission.
The decision of the impartial hearing officer under §104.5 of
this title (relating to Motion for Reconsideration) is the final decision
of the Commission. A decision dismissing the case under §104.3(h)(1)
of this title (relating to General Provisions) or §104.4(j)(5) of this
title (relating to Due Process Hearings and Mediation) becomes the final decision
of the Commission if a timely motion for reconsideration is not filed.
§104.7.Civil Action/Judicial Review.
(a)
General. Any party aggrieved by a final decision of an
impartial hearing officer may bring a civil action for review of such decision.
The action may be brought in any State court of competent jurisdiction or
in a district court of the United States of competent jurisdiction without
regard to the amount in controversy. In any such action the court will receive
the records relating to the hearing, will hear additional evidence at the
request of a party to the action; and basing the decision of the court on
the preponderance of the evidence, will grant such relief as the court determines
to be appropriate.
(b)
Exhaustion of administrative remedies, including a Motion
for Reconsideration, is a prerequisite to judicial review.
(c)
A party seeking judicial review of the final Commission
decision shall commence his civil action no later than 30 days after the date
of the final decision.
(d)
Implementation. If a party brings a civil action to challenge
a final decision of a hearing officer under §104.3(h)(1) of this title
(relating to General Provisions) or §104.5 of this title (relating to
Motion for Reconsideration), the final decision involved shall be implemented
pending review by the court.
§104.8.Time for Hearing.
A hearing conducted by an impartial hearing officer, selected in accordance
with §104.4 of this chapter, will be held within 60 days of an applicant's
or eligible individual's request for review of a determination made by personnel
of TRC that affects the provision of vocational rehabilitation services to
the individual, unless informal resolution or a mediation agreement is achieved
prior to the 60th day or the parties agree to a specific extension of time.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on January 27, 2003.
TRD-200300653
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: March 9, 2003
For further information, please call: (512) 424-4050
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter B. MORTGAGE FINANCING
Subchapter B. TRANSITION TO LIFE IN THE COMMUNITY PROGRAM
Subchapter C. PRESUMPTIVE ELIGIBILITY THROUGH THE PROJECT CHOICE PROGRAM
Chapter 47.
PRIMARY HOME CARE
For the completion and submittal
of cost reports pertaining to providers' fiscal years ending in calendar year
1997 and subsequent years, providers must apply the information in this section.
] The Texas Department of Human Services (DHS) or its designee applies
the general principles of cost determination as specified in §20.101
of this title (relating to Introduction).
four
]
cost areas, after allocating payroll taxes to each salary line item on the
cost report on a pro rata basis based on the portion of that salary line item
to the amount of total salary expense and after applying employee benefits
directly to the corresponding salary line item.
Field supervisors
]
cost area. This includes field
supervisors'
[
supervisor's
] salaries
and
[
,
] wages, benefits, and mileage
reimbursement expenses.
This also includes building, building equipment,
and operation and maintenance costs; administration costs; and other service
costs. Administration expenses equal to $0.18 per Priority 1 unit of service
are allocated to Priority 1. The administration costs remaining after this
allocation are summed with the other service support costs.
(D)
Building, administration,
and other service cost areas. This includes building, building equipment,
and operation and maintenance costs; administration costs; and other direct
service costs. Administration expenses equal to $0.18 per Priority 1 unit
of service are allocated to Priority 1. The administration costs remaining
after this allocation are summed with the facility and the other service costs.]
areas
] described in paragraph
(1)(A) [
and (D)
] of this subsection the following is calculated:
each
] cost area are divided
by total units of service, including nonpriority services
,
[
and
] Priority 1 services
, and STAR+PLUS services
, in order
to calculate the projected cost per unit of service [
for each cost area
].
for each cost area
].
each
] cost area [
component
]. The
total
units
[
hours
] of service [
used to calculate each cost
area component
] for each provider agency are summed until the median
hour of service is reached. The corresponding projected expense is the weighted
median cost component. The
weighted median
cost component [
for each cost area
] is multiplied by 1.044 to calculate the recommended
reimbursement for
the service support
[
each
] cost area
[
component
].
The service support cost area recommended reimbursement
is limited, if necessary, to available appropriations.
Part 2.
TEXAS REHABILITATION COMMISSION
"informal" and "formal
appeals"
] and "mediation" as those terms are defined herein. These rules
shall be liberally construed in accordance with the purpose for which they
were adopted. These rules inform all applicants and persons served by TRC
of their due process right to appeal when they are dissatisfied with any determination
made by a rehabilitation counselor or agency official regarding the furnishing
or denial of services.
administrative
] hearing.
Formal appeal
] --The timely
filing of a Petition for
Due Process
[
Administrative
]
Hearing due to a client's continued dissatisfaction with a decision of the
Commission regarding the furnishing or denial of services.
formal appeal
] conducted
under these rules by an impartial hearing officer regarding allegations set
forth in the client's Petition for
Due Process
[
Administrative
] Hearing regarding the furnishing or denial of services. This term
includes prehearing conferences.
a formal
] appeal pursuant to these rules. The IHO is selected from a
pool of qualified persons identified jointly by TRC and by members of the
Rehabilitation Council of Texas.
formal
] appeal process and is the point of contact for client's
questions about
due process
[
the administrative
] hearings
[
process
].
formal appeal
] before the
commission.
formal appeal
] includes all of the following: pleadings;
motions; intermediate rulings; orders; evidence received or considered; statements
of matters officially noticed; questions and offers of proof; objections and
rulings on objections; the IHO decision; any other decision, opinion, or report
by the IHO; and all Commission memoranda or data, including client files,
submitted to or considered by the IHO. The record is maintained by the Office
for Administrative Hearings and Subrogation.
(18)
Regional program director--Person
who reviews applicant and client appeals at the TRC Regional Office level.
The person holding this position in each region is also referred to as the
operations director for programs.]
(19)
] Respondent--The Texas Rehabilitation
Commission (TRC).
(20)
] Rule--Any written commission
statement of general applicability that implements, interprets, or prescribes
law or policy or describes the procedure or practice requirements of the commission.
The term includes the amendment or repeal of a prior rule, but does not include
statements concerning only the internal management or organization of the
commission and not affecting private rights or procedures. The term does not
include certain proceedings excluded by the Act.
(21)
] Standard of review--The criteria
for a court to remand or overturn a final decision of the Commission. In any
such action the court will receive the records relating to the hearing, will
hear additional evidence at the request of a party to the action; and basing
the decision of the court on the preponderance of the evidence, will grant
such relief as the court determines to be appropriate.
(22)
] State plan--The commission
is required by the Act to submit to the Department of Education a state plan
covering a three-year period which describes the state's vocational rehabilitation
and independent living programs and the plans and policies to be followed
in carrying out those programs.
(23)
] Rehabilitation Council of
Texas--The council created in accordance with United States Code, Title 29,
Section 725.
formal
appeal
] and mediation process commences with the filing of a Petition
for
Due Process
[
Administrative
] Hearing with the Office
for Administrative Hearings and Subrogation. Appeals of determinations made
by personnel of the commission that affect the provision of vocational rehabilitation
services to applicants or eligible individuals may be made concerning:
Administrative
] Hearing and the IHO is appointed pursuant to these rules.
Administrative
] Hearing shall be considered filed on the date the Petition is received
and date-stamped by the Office for Administrative Hearings and Subrogation.
§104.5
] of this chapter; the right to pursue mediation under
§104.4(c)
[
§104.5(c)
] of this chapter with respect
to determinations made by TRC personnel that affect the provision of vocational
rehabilitation services to an applicant or eligible individual; the names
and addresses of individuals with whom requests for mediation or due process
hearings may be filed; the manner in which a mediator or impartial hearing
officer may be selected consistent with the requirements of
§104.4
[
§104.5
] of this chapter; and the availability of the
client assistance program, established under 34 CFR part 370, to assist the
applicant or eligible individual during mediation sessions or impartial due
process hearings. The notice will be provided in writing at the time the individual
applies for vocational rehabilitation services under this part; at the time
the individual is assigned to a category in the State's order of selection,
for programs within which an order of selection has been established; at the
time the IPE is developed; and whenever vocational rehabilitation services
for an individual are reduced, suspended, or terminated.
an informal or formal appeal
]
due process hearing
does not
of itself stay an official act of or the provision of services by the commission
unless the official act or services are stayed by controlling law.
§104.6
] of this title (relating to Motion for Reconsideration),
the commission will not institute a suspension, reduction, or termination
of services being provided for the individual, including evaluation and assessment
services and plan development, unless such services have been obtained through
misrepresentation, fraud, collusion, or criminal conduct on the part of the
individual, or the individual's representative. In the case of a client who
has completed a term of training or similar services prior to the appeal,
and the next term has not yet begun (prior to the current appeal), it is understood
that such training or services are not "being provided."
Chapter 104.
INFORMAL APPEALS, AND MEDIATION BY APPLICANTS/CLIENTS OF DETERMINATIONS BY AGENCY PERSONNEL THAT AFFECT THE PROVISION OF VOCATIONAL REHABILITATION SERVICES
Chapter 104.
DUE PROCESS HEARINGS, AND MEDIATION BY APPLICANTS/CLIENTS OF DETERMINATIONS BY AGENCY PERSONNEL THAT AFFECT THE PROVISION OF VOCATIONAL REHABILITATION SERVICES
Part 5.
TEXAS VETERANS LAND BOARD