SECTION 357.532. Failure of Household Member To Appear

(a) If advance notice requirements, as outlined in §79.1906 of this title (relating to Advance Notice of Hearing) are met and the household member or his representative fails to attend a hearing without good cause, the hearing is conducted without him. The household member has 10 calendar days from the date of the hearing to present good cause for failing to appear.

(b) If the hearing officer finds the household member committed an intentional program violation but later determines that the household member or his representative did not receive notice of the hearing or had good cause for not appearing, the Texas Department of Human Services (DHS) conducts a new hearing. The previous decision is no longer valid. There is no time limitation for the household member to show good cause for failure to appear because he did not receive notice of the hearing.

(c) If advance notice requirements are not met, the hearing officer:

(1) checks the administrative disqualification record for any contacts from the household member before the hearing date;

(2) phones the client once if the client's current telephone number is listed on the Office of Inspector General's case report form. The purpose of the call is to determine whether the correct household member received the notice. The hearing officer must talk to the household member to confirm that the notice was received;

(3) sends another notice if:

(A) the household member has moved; and

(B) an address correction is provided by the postal service; and

(4) dismisses the case without prejudice if:

(A) the household member has moved;

(B) no address correction is provided by the post office; and

(C) the hearing officer is unable to determine that the household member received the notice.

Source Note: The provisions of this §357.532 adopted to be effective February 1, 1994, 18 TexReg 9857; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013