1. (a) The Texas Department of Human Services (DHS) must give the petitioner written notice of hearing in accordance with the provisions of the Administrative Procedures Act. The notice of hearing must include:

   1. (1) the time, date, and location of the hearing;
   2. (2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
   3. (3) a reference to the particular sections of the statutes and rules involved; and
   4. (4) a short, plain statement of the matters asserted by the department.

2. (b) Service of notice.

   1. (1) If a petitioner has a representative, service must be made on the representative.
   2. (2) The notice of hearing must be served on the petitioner or representative by personal service, by facsimile transmission, or by registered or certified mail to the petitioner or representative's last known address or facsimile number as shown by agency records. Service by mail must be complete upon deposit of the document, enclosed in a postage-paid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service.

Source Note:The provisions of this §357.486 adopted to be effective November 1, 2001, 26 TexReg 8356; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013.