SECTION 850.62. Filing a Request for Review  


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  • (a) Any applicant or eligible individual who is dissatisfied with a determination made by the Agency, as described in §850.60 of this subchapter (relating to Scope), may request, or, if appropriate, may request through the individual's authorized representative, a review of the determination. Although no prescribed form is required to file a request, preprinted forms for this purpose are available on request within the Agency's Office of General Counsel or at any Agency vocational rehabilitation office.

    (b) The request for a review shall be filed within 180 calendar days from the date of the determination and shall be filed in writing with the hearings coordinator within the Agency's Office of General Counsel. A request shall be considered filed on the day that it is received by the hearings coordinator within the Agency's Office of General Counsel.

    (c) On receiving a request for review, the hearings coordinator within the Agency's Office of General Counsel shall, within five working days, mail the appellant:

    (1) the name, address, and telephone number of the Client Assistance Program established under federal law that can, among other things, assist and advocate for customers during an appeal and informal dispute resolution;

    (2) the name of the IHO appointed to hear the appeal, and the date, time, and place of any prehearing;

    (3) a copy of applicable hearing procedures; and

    (4) notice that the appellant has the right to request mediation procedures.

Source Note: The provisions of this §850.62 adopted to be effective May 13, 2019, 44 TexReg 2364; amended to be effective December 26, 2022, 47 TexReg 8738