SECTION 26.204. Filing of Documents

(a) Documents must be filed using one of the filing methods described in §26.203(b) of this subchapter (relating to Appeal Procedures).

(b) To be considered by the review official, written documentation relating to a pending appeal must be filed within the filing deadlines prescribed in this section. The rules relating to the timely filing of an appeal described in §26.203(c) of this subchapter shall apply to the timely filing of written documents.

(c) Parties to an appeal have the right to review any documentary materials submitted for consideration. On the same date a document is filed, the filing party must serve a copy of it on every other party or such party's representative or attorney of record as described in this section.

(d) If the department refers a matter to SOAH, parties to the matter referred must file and serve documents in accordance with SOAH's rules of procedure, Texas Administrative Code, Title 1, Chapter 155.

(e) In all matters, except SFSP appeals and suspension reviews, an appellant must file written materials within thirty (30) calendar days of the appellant's receipt, or deemed receipt, of the notice of action.

(f) In SFSP appeals, an appellant must file written materials within seven (7) calendar days of submitting the appeal.

(g) In Suspension Reviews relating to false or fraudulent claims, an appellant must file written materials within ten (10) calendar days of the appellant's receipt, or deemed receipt, of the notice of action.

(h) Service to the appellant or its representative shall be made to the appellant or representative's last known mailing address, email address, or facsimile number as shown by the department's records.

(i) Parties and their representatives shall immediately notify the review official and all parties of any change in mailing address, email address, or telephone or facsimile number.

Source Note: The provisions of this §26.204 adopted to be effective November 27, 2022, 47 TexReg 7660