SECTION 4.154. General Principles

(a) An individual or LAR is entitled to request an administrative hearing to contest:

(1) the conclusion of a determination of mental retardation conducted by a state MR facility or mental retardation authority, as provided by the Texas Health and Safety Code, §592.019;

(2) the denial of an individual's or LAR's request to transfer or discharge the individual, as provided by the Texas Health and Safety Code, §594.012; or

(3) a state MR facility's proposed transfer or discharge of an individual, as provided by the Texas Health and Safety Code, §594.014.

(b) An administrative hearing held under this subchapter is not a "contested case" under the Administrative Procedures Act, Texas Government Code, Chapter 2001.

(c) If the last day of a time period referenced in this subchapter is a Saturday, Sunday, or day on which TDMHMR's Central Office is closed, then the period extends through the end of the next day which is not a Saturday, Sunday, or day on which TDMHMR's Central Office is closed.

Source Note: The provisions of this §4.154 adopted to be effective December 27, 2000, 25 TexReg 12785; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841