Sec. 593.008. ADMINISTRATIVE HEARING. (a) The proposed client and contestant by right may:
(1) have a public hearing unless the proposed client or contestant requests a closed hearing;
(2) be present at the hearing; and
(3) be represented at the hearing by a person of their choosing, including legal counsel.
(b) The proposed client, contestant, and their respective representative by right may:
(1) have reasonable access at a reasonable time before the hearing to any records concerning the proposed client relevant to the proposed action;
(2) present oral or written testimony and evidence, including the results of an independent determination of an intellectual disability; and
(3) examine witnesses.
(c) The hearing shall be held:
(1) as soon as possible, but not later than the 30th day after the date of the request;
(2) in a convenient location; and
(3) after reasonable notice.
(d) Any interested person may appear and give oral or written testimony.
(e) The executive commissioner by rule shall implement the hearing procedures.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 7, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1430, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle D - Persons With an Intellectual Disability Act
Chapter 593 - Admission and Commitment to Intellectual Disability Services
Subchapter A. General Provisions
Section 593.002. Consent Required
Section 593.003. Requirement of Determination of an Intellectual Disability
Section 593.004. Application for Determination of an Intellectual Disability
Section 593.005. Determination of an Intellectual Disability
Section 593.007. Notification of Certain Rights
Section 593.008. Administrative Hearing
Section 593.009. Hearing Report; Final Decision
Section 593.011. Fees for Services
Section 593.012. Absent Without Authority
Section 593.013. Requirement of Interdisciplinary Team Recommendation