SECTION 157.1083. Procedures for Hearing for Denial of an Application or an Enforcement Action

(a) Requirements for request for hearing.

(1) The applicant, grantee, or subgrantee shall file a request for a hearing within 30 days after the date of the action taken by the Texas Education Agency (TEA).

(2) The request for hearing shall follow the filing requirements set forth in TEA's notice of action.

(3) The applicant, grantee, or subgrantee shall specify the action or proposed action that is the subject of the requested hearing, the statutory or regulatory authority identifying and supporting a finding that a violation occurred, and specific facts supporting a finding that the action taken by TEA is in error.

(b) Hearings process.

(1) The commissioner of education or a designee of the commissioner shall hold a hearing on the record and review the action taken by TEA within 30 days after a request for hearing is received by the director of hearings or the designated docket clerk for the TEA Division of Hearings.

(2) The TEA shall make available at reasonable times and places to each applicant, grantee, or subgrantee all TEA records pertaining to any review or appeal the applicant is conducting under this section, including records of other applicants.

(3) No later than ten days after the hearing, the commissioner of education or the commissioner's designee shall issue a written ruling, including findings of fact and reasons for the ruling.

(4) If the commissioner of education or the commissioner's designee determines that the action taken by TEA is contrary to state or federal statutes or regulations that govern the applicable program, TEA shall be ordered to rescind the action.

Source Note: The provisions of this §157.1083 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829