Tex. Health & Safety Code Section 31.009
Denial, Modification, Suspension, or Termination of Services

(a)

The department for cause may deny an application for services after notice to the applicant and an opportunity for a fair hearing.

(b)

The department may modify, suspend, or terminate services to an individual eligible for or receiving services after notice to the individual and an opportunity for a fair hearing.

(c)

The executive commissioner by rule shall provide criteria for action by the department under this section.

(d)

Chapter 2001 (Administrative Procedure), Government Code, does not apply to the granting, denial, modification, suspension, or termination of services. The department shall conduct hearings in accordance with the department’s due process hearing rules.

(e)

The department shall render the final administrative decision in a due process hearing to deny, modify, suspend, or terminate the receipt of services.

(f)

The notice and hearing required by this section do not apply if the department restricts program services to conform to budgetary limitations that require the executive commissioner to establish service priorities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(65), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0074, eff. April 2, 2015.

Source: Section 31.009 — Denial, Modification, Suspension, or Termination of Services, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­31.­htm#31.­009 (accessed May 4, 2024).

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Accessed:
May 4, 2024

§ 31.009’s source at texas​.gov