SECTION 357.7. Agency and Designee Responsibilities

(a) The agency must:

(1) accept a request for a fair hearing submitted within 90 days from the date on the notice of agency action, or, under the Supplemental Nutrition Assistance Program, at any time during the SNAP certification period;

(2) notify the HHSC Appeals Division within five days of the date the client expresses a desire to appeal; and

(3) allow the client to appeal more than one action at the same time.

(b) The agency or the agency's representative or designee must:

(1) allow the appellant to review the appeal procedures in HHSC's policies;

(2) provide to the hearings officer and the appellant, at no cost, copies of all documentation and evidence to be used in the fair hearing;

(3) appear at the scheduled hearing;

(4) be prepared to explain and defend the decision or action taken against the appellant; and

(5) implement the hearings officer's final order within the time limit specified in the relevant federal regulation.

Source Note: The provisions of this §357.7 adopted to be effective June 29, 2009, 34 TexReg 4292