Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009 Page: 317
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is notified that the authorized representative or the appellant's executor
intends to pursue the appeal.
(d) Recessed Fair Hearings. Once the hearing has begun, the
hearings officer may recess the hearings proceedings if the hearings
officer finds good cause for the recess. Following notice to both sides,
the hearings officer may reconvene the hearing, if necessary.
(e) Administrative Review. Except for TANF decisions, an ad-
ministrative review of a hearings decision is provided as set forth in
357.701 - 357.703 of this chapter (relating to Purpose and Applica-
tion, Definitions and Process and Timeframes).
(f) Review of TANF Decisions.
(1) An appellant or his or her authorized representative
may make a timely request for a review of the decision.
(2) A request for a review of the decision must be post-
marked within 30 days of the date of notice of the hearings officer's
decision, and must be addressed to the hearings administrator.
(3) The scope of the review is limited to determining
whether the hearings officer followed laws, procedures, and program
rules introduced in the hearing.
357.21. Interpreters in Fair Hearings.
(a) Determining the Need for Interpreters.
(1) The hearings officer informs the appellant on the record
that he will be provided an interpreter at no cost if the appellant can
show that the appellant or required participants are not able to partici-
pate in the hearing due to a language barrier.
(2) No interpreter is required if the hearings officer deter-
mines that all participants are sufficiently fluent in the same language
so that no barrier is present.
(b) Types of Interpreters.
(1) Spanish/English--HHSC Appeals Division uses a certi-
fied interpreter;
(2) Other Spoken languages--HHSC Appeals Division
makes every effort to use the most qualified interpreter for a person
with limited English proficiency whose native language is not English
or Spanish; and
(3) Sign Language--HHSC Appeals Division provides
a qualified sign language interpreter for a person who is hearing
impaired and requests the service.
(c) Use of an Interpreter.
(1) An interpreter is not required if the hearings officer de-
termines that all parties are able to communicate effectively in the
appellant's primary language and all hearing participants state on the
record that they can communicate.
(2) The basis of the hearings officer's decision will be
stated on the record.
(d) Effectiveness of Interpretation. If a party or authorized rep-
resentative, during a fair hearing, makes a legitimate objection concern-
ing the interpretation by an interpreter, the hearings officer:
(1) informs the authorized representative and the appellant
of the right to request that the case be reheard;
(2) addresses the objection or complaint concerning the
quality of the interpretation, including a request to rehear the case;
(3) finishes the hearing with the original interpreter; or
(4) provides a new interpreter at a later date.357.23. Hearings of Officer Decision and Actions.
(a) Time Limits for Issuing Decisions.
(1) Food stamp hearings--60 days from the date the appeal
request is received by the agency or designee.
(2) Non-food stamp hearings--90 days from the date the
appeal request is received by the agency or designee.
(3) The time limit for issuing a decision may be extended
by as many days as the fair hearing is postponed or recessed at the
request of the appellant.
(b) Decisions by Hearings Officer. The hearings officer issues
a decision based exclusively on testimony and evidence introduced at
the hearing. The hearings officer must:
(1) issue a written decision in English;
(2) provide the appellant with a copy of the decision; and
(3) provide a translated cover letter in Spanish for hearing
decisions where a Spanish interpreter was used. The cover letter in-
structs the appellant to call the hearings officer if he needs assistance
to understand the decision. An appellant who indicates by telephone,
in person, or in writing that assistance is needed to understand the deci-
sion must receive an explanation of the hearing decision from bilingual
personnel within a reasonable period.
(c) Sustained Decisions in THSteps Appeals--If the decision
sustains the agency action reducing, suspending, denying, or terminat-
ing a requested service:
(1) on the basis that there is no federal financial partici-
pation, the decision must contain an explanation of the basis for the
hearings officer's decision, applying the state and federal law to the in-
dividual's particular request; or
(2) on the basis that the service is not medically neces-
sary, the decision must contain an explanation of the medical basis for
the hearings officer's decision, applying the agency's policy or the ac-
cepted standards of medical practice to the individual's particular med-
ical circumstances; and
(3) All THSteps decisions must contain legal authority,
purpose of the hearing, procedural history, summary of evidence,
relevant authorities, findings of fact, and conclusions of law.
(d) Decisions that are Reversed. The hearings officer reverses
a decision of the agency or designee if the action or inaction is not sup-
ported by the evidence introduced at the hearing, and is not supported
by statutes, policies, or procedures applicable at the time the action or
inaction occurred. The agency may be instructed to issue retroactive
payments or restored benefits in accordance with applicable rules, reg-
ulations, and statutes.
(e) Decisions that are Upheld. The hearings officer upholds a
decision of the agency or its designee if the action is in accordance with
statutes, policies, and procedures introduced at the hearing.
(f) Reopened Hearings--Appellant. The hearings officer may
reopen an appeal and reconsider the decision if, within 12 months of
the decision date, the appellant presents evidence that:
(1) the hearings officer has determined the information
would have affected the outcome of the original decision;
(2) shows the original decision was not valid; and
(3) was not presented at the hearing by the appellant.
(g) Authority of the Hearing Officer to Re-issue a Decision.
The hearings officer has the authority to withdraw, revise, and re-issuePROPOSED RULES January 16, 2009 34 TexReg 317
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Texas. Secretary of State. Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009, periodical, January 16, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90835/m1/18/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.