1. (a) Department notice. Prior to making a final decision adverse to an affected person, the appropriate department program shall give the affected person written notice of an opportunity for a hearing on the proposed action. The notice shall contain:

   1. (1) a statement of the action the department intends to take;
   2. (2) an explanation of the reasons for the action the department intends to take;
   3. (3) a reference to the statutory and regulatory authority supporting the intended action;
   4. (4) an explanation of the affected person's right to request a hearing; and
   5. (5) the procedure by which an affected person may request a hearing.
2. (b) Request for hearing. In the absence of a specific department program rule or federal regulation to the contrary, the affected person has 20 days after receiving the notice to request a hearing on the proposed action. It is a rebuttable presumption that a notice is received five days after the date of the notice. A request for a hearing shall be made in writing and mailed or hand-delivered to the appropriate department program, unless the notice letter specifies an alternative method. If a person who is offered the opportunity for a hearing does not request a hearing within the prescribed time for making such a request, the person is deemed to have waived the hearing and the action may be taken.
3. (c) Representation. An affected person may represent himself or herself or may be represented by legal counsel, a relative, a friend, or another spokesperson.

Source Note:The provisions of this §1.52 adopted to be effective June 23, 1986, 11 TexReg 2589; amended to be effective April 14, 1997, 22 TexReg 3294.