SECTION 364.17. Appeals

(a) A recipient or applicant aggrieved by the denial, modification, suspension or termination of services may appeal the program's decision according to the procedures in §§1.51 - 1.55 of this title (relating to Fair Hearing Procedures). If an aggrieved recipient requests a hearing, the department shall not terminate services to the recipient until a final decision is rendered.

(b) An applicant or recipient may not appeal a denial, modification, suspension, or termination of program services by the department if the department has restricted program services according to priorities established by §39.3(b) of this title (relating to General Program Requirements) and/or program funds are reduced or curtailed.

(c) Upon final determination that benefits will be denied, modified, suspended, or terminated, the department will notify the recipient in writing.

Source Note: The provisions of this §364.17 adopted to be effective May 28, 2006, 31 TexReg 4218; amended to be effective February 14, 2013, 38 TexReg 645; transferred effective March 1, 2022, as published in the Texas Register February 11, 2022, 47 TexReg 674