1. (a) When the executive director denies a claim, the applicant has 30 days from the date the executive director's letter is mailed by certified mail to file written notice of the appeal. The denial letter will inform the applicant of this right. In most cases, administrative hearing of the appeal will be held in Austin.
2. (b) As used in this section, the term "applicant" includes any duly authorized representative of such person.
3. (c) In computing time under this section, the day after any mailing by the executive director shall be counted as the first day of the time period. A document is considered to be filed with the executive director when it is received by the executive director or when it is postmarked, whichever is earlier.
4. (d) The executive director shall decide whether a notice of appeal is timely filed under this section. The executive director's decision constitutes final agency action on the issue and no administrative appeal from the executive director's decision is available.

Source Note:The provisions of this §67.5 adopted to be effective March 19, 1986, 11 TexReg 1149.