40 Tex. Admin. Code § 707.823

Current through Reg. 49, No. 45; November 8, 2024
Section 707.823 - How is the administrative review conducted?
(a) Administrative reviews are generally conducted by telephone, although we may conduct the review in a face-to-face meeting at our office.
(b) We will contact you within 10 calendar days of receiving your written request for an administrative review to schedule a time to conduct the review. The telephone conference or meeting must occur within 30 days of the date of this initial contact unless additional time is necessary in order for us to comply with your request for records related to the subject of the administrative review. If additional time is necessary, then the 30-day timeframe for completing the telephone conference or meeting will begin when you obtain the records.
(c) We will proceed with the administrative review without conducting the telephone conference or meeting if:
(1) You do not respond to our attempts to contact you to schedule the telephone conference or meeting;
(2) You do not schedule the conference or meeting within the 30-day timeframe, unless the person conducting the review finds that there is good cause to schedule the conference or meeting at a later date; or
(3) You miss the scheduled conference or meeting without requesting a delay under subsection (d) of this section.
(d) If you believe there is good cause to delay the telephone conference or meeting, then before the scheduled conference or meeting you must present your request and reason for a delay in writing to the person conducting the review. The person conducting the review will make a decision regarding good cause based on policy developed by the Texas Department of Family and Protective Services.
(e) Following the telephone conference or meeting, we will review the investigation file and any additional documentation provided by you, may ask additional questions, and may gather other relevant information, as needed.

40 Tex. Admin. Code § 707.823

Adopted by Texas Register, Volume 45, Number 28, July 10, 2020, TexReg 4802, eff. 7/15/2020