SECTION 745.8839. What is the process for scheduling a due process hearing and notifying the requestor?

(a) After a person requests a due process hearing, the Legal Enforcement Department will ask the State Office of Administrative Hearings (SOAH) to appoint an administrative law judge to conduct a hearing to make a final decision regarding whether the decision or action was appropriate under applicable laws and rules.

(b) After SOAH assigns a docket number to the case:

(1) The Legal Enforcement Department will send the requestor a notice of the hearing by regular and certified mail to the last known address noted in the records; or

(2) If the Docket Clerk has received written notice of representation from an attorney who will be representing the requestor at the hearing, the Legal Enforcement Department will send the notice to the attorney in a manner allowed under the rules referenced in §745.8845 of this division (relating to How is a due process hearing conducted?).

Source Note: The provisions of this §745.8839 adopted to be effective January 26, 2023, 48 TexReg 220