SECTION 375.419. If a participant's benefits are denied, terminated, or reduced because the employment provider has reported that the participant is not meeting the employment requirements of the program, how can a participant appeal the decision?

(a) A participant may appeal the decision by the following methods:

(1) A participant has the right to appeal to the Texas Department of Human Services (DHS), at which time a hearing will take place. The request for a hearing must be made within 10 days of the contractor's decision. Final administrative action must be taken within 60 days of the date of request for the hearing.

(2) The participant may follow the internal appeal procedures of the employment contractor.

(3) The participant may attempt resolution by requesting a mediation period. The request for mediation must be made to the Refugee Cash Assistance (RCA) contractor within four days of the dated notice of adverse action. The RCA contractor must begin working on a resolution within 10 days following the adverse action. The mediation process may not exceed 30 days from the date of the adverse action. If the RCA contractor or the participant determines that the dispute cannot be resolved, either may terminate the resolution process.

(b) A participant may appeal to DHS for a hearing and attempt resolution through steps in paragraphs (2) and (3) of this subsection simultaneously.

Source Note: The provisions of this §375.419 adopted to be effective July 18, 2002, 27 TexReg 6326; transferred effective October 1, 2003, as published in the Texas Register July 2, 2004, 29 TexReg 6359