SECTION 730.1104. Requirements  


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  • The following are the primary requirements in the fair hearing procedure.

    (1) The Texas Department of Protective and Regulatory Services (PRS) is responsible for:

    (A) fulfilling fair hearing provisions, delegating responsibility for the conduct of the fair hearing, making and implementing the decisions, and designating the hearing officer as the hearing authority;

    (B) issuing and publicizing hearing procedures;

    (C) establishing and maintaining a method of making decisions accessible to the appellants, their representatives, and the public (according to provisions safeguarding assistance information).

    (2) The hearing officer is responsible for:

    (A) conducting the hearing; and

    (B) making decisions on behalf of the PRS. The decisions are binding on the state and local offices.

Source Note: The provisions of this §730.1104 adopted to be effective April 3, 1987, 12 TexReg 954; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.