SECTION 707.859. Can I waive my right to a due process hearing?

(a) You may waive your right to a due process hearing by:

(1) Not requesting a due process hearing according to §707.845 in this division (relating to How do I request a due process hearing?);

(2) Submitting a written statement to the appropriate Child Care Investigations investigator that you are waiving your right to the due process hearing before the 30-day timeframe has expired; or

(3) If you have already requested a hearing, submitting a written statement to the Texas Health and Human Services Legal Services Division that you are waiving your right to the due process hearing.

(b) If you waive your right to a due process hearing:

(1) Because you did not make a timely request according to §707.845 in this division each abuse, neglect, or exploitation finding that was included in the letter informing you of your right to request a due process hearing will be effective on the day after your time period for requesting a due process hearing expires; or

(2) By submitting a written statement waiving your right to a due process hearing, each finding will be effective on the date the waiver is received, as applicable.

Source Note: The provisions of this §707.859 adopted to be effective July 15, 2020, 45 TexReg 4780