SECTION 745.8855. Can a person waive the right to a due process hearing?

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(a) A person may waive the right to a due process hearing:
(1) By not requesting a hearing according to §745.8837 of this division (relating to How does a person request a due process hearing?); or
(2) By submitting a written statement that waives the right to a due process hearing to the Legal Enforcement Department.
(b) If a person waives the right to a due process hearing:
(1) By not requesting a hearing according to §745.8837 of this division, the decision or action will be effective as noted in the chart:

Attached Graphic
(2) By submitting a written statement waiving the right to a hearing, the decision or action will be effective on the date the Texas Health and Human Services Commission receives the waiver.

Source Note: The provisions of this §745.8855 adopted to be effective January 26, 2023, 48 TexReg 220

                    
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