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Rule §730.1207 Time And Place Of Hearing

Published: 2015

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(a) The appellant has a right to file an appeal within 90 days from the effective date of the decision or from the notice of adverse action date, whichever is later. (b) If more time elapses between the effective date and the request date, the worker offers to process a reapplication or to review the case situation. (c) A food stamp client may request a fair hearing to question his current level of benefits anytime within a certification period. (d) The worker or the hearing officer may change the decision any time before or during the hearing process. The appellant, however, has the right to proceed with the fair hearing after an adjustment is made. (e) If the client is satisfied with the last action but still dissatisfied with the previous action, he may appeal the first decision. If he is dissatisfied with both decisions, he may appeal both. (f) The fair hearing is held at
a reasonable place and time. This may be the local office or the appellant's home. The hearing officer considers the physical condition of the appellant and availability of transportation in setting the place of the fair hearing. A bilingual interpreter is available if the hearing officer determines it is necessary. A qualified sign language interpreter is available for deaf persons requiring one.

Source Note: The provisions of this §730.1207 adopted to be effective April 3, 1987, 12 TexReg 954; amended to be effective October 16, 1989, 14 TexReg 4546; duplicated effective September 1, 1992, as published in the Texas Register September 11, 1992, 17 TexReg 6279.