1. (a) Who may file. Any person who has received notice of adverse action may file a request for a hearing.
2. (b) Time for filing. A person must file a written request for a hearing with the HHSC Appeals Division so that it is received within 15 days from the date the person receives the referring agency's notice of adverse action. If a person does not file the hearing request in accordance with this section, the judge may deny the request.

3. (c) Form of request. The request for hearing must:

   1. (1) be in writing, in the form of a petition or letter;
   2. (2) state the basis for the appeal of the adverse action; and
   3. (3) include a legible copy of the notice of adverse action. If a person does not provide a copy of the notice of adverse action within 15 days from the date the hearing request is filed, the judge may deny the hearing request.
4. (d) Referral to SOAH. Upon receipt of a request to set a hearing at SOAH, the director of the HHSC Appeals Division will transfer the case to SOAH for a hearing and a proposal for decision within a reasonable time for disposition. In order for a case to be eligible for such a transfer, the director of the HHSC Appeals Division must determine that such transfer is required by the referring agency's rules, statute or policies. Transferring a case to SOAH does not waive the referring agency's right to assert any claims or defenses, including lack of jurisdiction or failure of the petitioner to comply with a statutory requirement.

Source Note:The provisions of this §357.484 adopted to be effective June 20, 2007, 32 TexReg 3544.