SECTION 376.333. What should the contractor know about applicant or participant appeals?

(a) An applicant or participant may appeal a decision by the following methods:

(1) An applicant or participant may follow the internal appeal procedures of the contractor.

(2) An applicant or participant may appeal to the Texas Department of Human Services (DHS), at which time an in-person hearing will take place. The applicant or participant must request a hearing within 10 days of the contractor's decision. DHS must take final administrative action within 60 days of the date of request for the hearing.

(b) A participant may appeal to DHS for a hearing and attempt resolution simultaneously.

(c) If the appeal is based on the date of entry into the United States, the contractor must resolve the dispute promptly by examining the individual's documentation issued by the Immigration and Naturalization Services (INS) or information obtained from INS.

Source Note: The provisions of this §376.333 adopted to be effective October 28, 2002, 27 TexReg 10044; transferred effective October 1, 2003, as published in the Texas Register July 2, 2004, 29 TexReg 6359